;i IV ^'^3-
(■-':
The
ItirCFIVED
JUN 19 1989
^^ LIBRARY.
NORTH CAROLINA
REGISTER
IN THIS ISSUE
CONfl
EXECUTIVE ORDERS
PROPOSED RULES
Community Colleges
Human Resources
NRCD
N.C. Board of Architecture
FINAL RULES
Revenue
ISSUE DATE: JUNE 15, 1989
Volume 4 • Issue 6 • Pages 312-364
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
NORTH CAROLINA REGISTER
The North Caroli}ia Register is published bi-monthly
and contains information relating to agency, e.xecuti\e,
legislative and judicial actions required by or affecting
Chapter 150B of the General Statutes. All proposed, ad-
ministrative rules and amendments filed under Chapter
150B must be published in the Register. The Register
will tNpically comprise appro.ximateh' fifty pages per
issue of legal te.xt.
State law requires that a copy of each issue be pro-
\ided free of charge to each county in the state and to
\arious state officials and institutions. The .Xorth Carolina
Register is available b>' yearly subscription at a cost of
one hundred and fi\e dollars (SI 05.00) for 24 issues.
Requests for subscriptions to the .Worth Carolina
Register should be directed to the Office of Ad-
ministrati\e Hearings, P. 0. Drawer 1 1666, Raleigh, N.
C. 27604, Attn: Subscriptiotis.
ADOPTION, AMENDMENT, AND REPEAL OF
RULES
An agency intending to adopt, amend, or repeal a rule
must first publish notice of the proposed action in the
Xorth Carolina Register. The notice must include the
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full te.xt, of any amendment which is considered to be
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TEMPORARY RULES
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uhiche\er is less. An agency adopting a temporary' n
must begin normal rule-making procedures on thep
manent rule at the same time the temporary rule
adopted.
NORTH CAROLINA ADMINISTRATIVE CODE
The Xorth Carolina Administrati\e Code (XCAC
a compilation and index of the administrative rules
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NOTE
The foregoing is a generalized statement of the
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CITATION TO THE NORTH CAROLINA
REGISTER
The North Carolina Register is cited by \olume, i
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refers to Volume 1, Issue 1, pages 101 through 2(
the North Carolina Register issued on April 1, 1-
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(
NORTH
CAROLINA
REGISTER
ISSUE CONTENTS
Office of Administrative Hearings
P. O. Drawer 11666
Raleigh, \'C 27604
(919) 733-2678
Robert A. Melott,
Director
James R. Scarcella Sr.,
Deputy Director
MoUy Masich,
Director APA Services
I. EXECUTrV'E ORDERS
Executive Orders 90-91 312
II. PROPOSED RULES
Community Colleges
Board of Community
Colleges 352
Human Resources
Health Services 315
Licensing Board
Architecture 349
NRCD
Environmental Management.... 347
III. FINAL RULES
Revenue
Sales and Use Tax 353
rv. CUMULATIVE INDEX 363
Staff:
Ruby Creech,
Publications Coordinator
Teresa Kilpatrick,
Editorial Assistant
Jean Shirley,
Editorial Assistant
NORTH CAROLINA REGISTER
Publication Deadlines and Schedules
(January 1989 - May 1990)
Issue
Last Day
Last Day
Earliest
*
Date
for
for
Date for
Earliest
Filing
Electronic
Public
Effective
Filing
Hearing &
Adoption by
Agency
Date
********
********
********
*******i
01/02/89
12/08/88
12/15/88
02/01/89
05/01/89
01/16/89
12/27/88
01/03/89
02/15/89
05/01/89
02/01/89
01/10/89
01/17/89
03/03/89
06/01/89
02/15/89
01/26/89
02/02/89
03/17/89
06/01/89
03/01/89
02/08/89
02/15/89
03/31/89
07/01/89
03/15/89
02/21/89
03/02/89
04/14/89
07/01/89
04/03/89
03/10/89
03/17/89
05/03/89
08/01/89
04/14/89
03/23/89
03/31/89
05/14/89
08/01/89
05/01/89
04/10/89
04/17/89
05/31/89
09/01/89
05/15/89
04/24/89
05/01/89
06/14/89
09/01/89
06/01/89
05/10/89
05/17/89
07/01/89
10/01/89
06/15/89
05/24/89
06/01/89
07/15/89
10/01/89
07/03/89
06/12/89
06/19/89
08/01/89
11/01/89
07/14/89
06/22/89
06/29/89
08/13/89
11/01/89
08/01/89
07/11/89
07/18/89
08/31/89
12/01/89
08/15/89
07/25/89
08/01/89
09/14/89
12/01/89
09/01/89
08/11/89
08/18/89
10/01/89
01/01/90
09/15/89
08/24/89
08/31/89
10/15/89
01/01/90
10/02/89
09/11/89
09/18/89
11/01/89
02/01/90
10/16/89
09/25/89
10/02/89
11/15/89
02/01/90
11/01/89
10/11/89
10/18/89
12/01/89
03/01/90
11/15/89
10/24/89
10/31/89
12/15/89
03/01/90
12/01/89
11/07/89
11/15/89
12/31/89
04/01/90
12/15/89
11/22/89
12/01/89
01/14/90
04/01/90
01/02/90
12/07/89
12/14/89
02/01/90
05/01/90
01/16/90
12/20/89
12/29/89
02/15/90
05/01/90
02/01/90
01/10/90
01/18/90
03/03/90
06/01/90
02/15/90
01/25/90
02/01/90
03/17/90
06/01/90
03/01/90
02/08/90
02/15/90
03/31/90
07/01/90
03/15/90
02/22/90
03/01/90
04/14/90
07/01/90
04/02/90
03/12/90
03/19/90
05/02/90
08/01/90
04/16/90
03/23/90
03/30/90
05/16/90
08/01/90
05/01/90
04/09/90
04/17/90
05/31/90
09/01/90
05/15/90
04/24/90
05/01/90
06/14/90
09/01/90
♦ The "Earliest Effective Date" is computed assuming that the public hearing
and adoption occur in the calendar month immediately following the "Issue
Date", that the agency files the nde with The Administrative Rules Review
Commission by the 20th of the same calendar month and that ARRC approves
the rule at the next calendar month meeting.
EXECUTIVE ORDERS
EXECUTIVE ORDER NUMBER 90
GOVERNOR'S ADVISORY COUNCIL ON
LITERACY
North Carolina's economy is changing in fun-
damental ways. Employment in agriculture and
low-skill manufacturing is declining. This decline
is offset by new jobs in other industries which
require dilTercnt, higher-level skills. Unless ef-
fective steps are taken to upgrade the basic skills
of the existing and future work force, North
Carolina's economy will suffer.
Improving the literacy of North Carolina's citi-
zens is key. Nonreading adults in North
Carolina are likely to be locked in low-paying
jobs. These adults do not possess the reading
abihties necessary to learn new, higher-level
skills.
THEREFORE, by the authority vested in me
as Governor by the Constitution and laws of
North CaroUna, IT IS ORDERED:
Section 1. ESTABLISHMENT
The Governor's Advisory Council on Literacy,
hereinafter "The Council," is hereby established
to replace the Governor's Literacy Council cre-
ated by Executive Order Number 32. The
Council shall consist of not less than 19 persons
appointed by the Governor.
Section 2. MEMBERSHIP
The membersliip of the Council shall include,
but not be limited to, the following members:
1 . The President of the Community College
System, or someone designated by that
person, and one representative nominated
by the State Board of Community Col-
leges;
2. The Director of the North Carolina Liter-
acy Association, or someone designated
by that person, and one representative
nominated by the Board of Directors of
the North Carolina Literacy Association;
3. One representative of another literacy
program;
4. The State Superintendent of Public In-
struction, or someone designated by that
person;
5. One representative of the State Senate to
be nominated by the Lieutenant Gover-
nor;
6. One representative of the State I louse of
Representatives to be nominated by the
Speaker of the House;
7. Live representatives of business and in-
dustry' to be appointed by the Governor;
8. One representative of the University of
North Carolina to be nominated by the
President of that University;
9. One representative of the Association of
Private Colleges and Universities to be
appointed by the Governor; and
10. Four members-at-large to be appointed
by the Governor.
Members of the Council shall serve two-year
staggered terms, except that nine members of the
initial Council shall be app>ointed for one-year
terms, and the remainder shall be appointed for
two year terms. The Governor shall determine
which members serve these initial terms.
Except for the President of the Community
College System, the Director of the North
Carolina Literacy Association and the State Su-
perintendent of Public Instruction or their
designees, all members serve at the pleasure of
the Governor. AH vacancies shall be filled by the
Governor. When filling vacancies involving per-
sons nominated and appointed pursuant to sub-
sections I, 2, 5, 6, 8 above, the Governor shall
solicit replacement nominations from the appro-
priate authority. The Governor shall designate
one member to serve as Chairperson of the
Council.
Section 3. FUNCTIONS
A. The Council shall meet regularly at the call
of the Chairperson.
B. The Council shall develop and dehver to the
Governor a long-range plan designed to expand
literacy education efforts in the workplace. The
plan shall designate the various State agencies
which must cooperate to implement these efforts.
Funding for this plan shall be included in the
Council's recommended comprehensive program
budget.
C. The Council may estabUsh an adjunct
Technical Committee composed of literacy ser-
vice providers, instructors, administrators, and
program participants. Such a committee would
serve as a source of practical advice regarding
policy initiatives being considered by the Coun-
cil. The Governor shall designate the members
and Chairperson of such a Committee. The
Committee would meet at the call of either its
Chairperson or the Council's Chairperson.
D. The Council shall seek to establish a Liter-
acy Trust Fund. It shall recommend the goals,
the areas of eligible activity, the disbursement
mechanisms, and the funding criteria for such a
Fund to the Governor.
E. The Council shall develop and deliver to the
Governor fmancial and service recommendations
for State literacy programs and resources. In this
regard, the CouncO shall build on the informa-
NORTH CAROLINA REGISTER
312
EXECUTIVE ORDERS
tion previously gathered by the Governor's
Commission on Literacy to review the existing:
1 . Literacy services and resources;
2. Numbers of persons served by these ser-
vices;
3. Gaps in literacy service;
4. Coordination among literacy services;
5. Characteristics and needs of the target
populations for literacy services; and
6. Delivery of literacy services to these pop-
ulations.
F. The Council shall propose to the Governor
(1) a comprehensive program budget for all lit-
eracy activities in every State agency, (2) pro-
gram performance objectives, and (3) timetables
for accomphshing goals. In proposing a literacy
program budget, the Council shall give a high
priority in funding to the research and develop-
ment of promising iimovative literacy programs.
G. The Council shall foster cooperation and
coordination among state agencies and private
sector literacy ser\ices to achieve the maximum
possible impact from existing programs and
eliminate duplicative efforts.
H. The Council shall work to develop methods
to measure literacy program performance and
student progress in order to more precisely mon-
itor program achievements.
I. The Council shall work to increase the pro-
fessional capabilities of existing literacy educa-
tors. The Council shall also encourage
de%'elopment of professional, full-time literacy
educators. In this regard, the Council shall ar-
range to provide statewide technical assistance in
pedagogy, literacy program design, and curric-
ulum development for adult learners. The
Council shall also develop mechanisms to pro-
vide practical assistance and support to volunteer
teachers.
J . The Council shall promote literacy programs
and raise awareness of illiteracy among both the
general public and the business community.
K. The Council shall foster coordination of
current state agency literacy programs in order to
most effectively reach those in need of literacy
ser\ices. The Council shall work to develop se-
veral varied inter\'ention strategies for the popu-
lation of adult learners.
L. The Council shall develop programs for
family literacy education for the parents of chil-
dren at risk of illiteracy.
Section 4. ADMINISTRATION
A. Administrative support and staff for the
Council shall be provided by the Department of
Administration.
B. Members of the Council shall be reimbursed
for necessary travel and subsistence expenses as
authorized under N.C.G.S. 138-5 and 138-6.
Funds for the reimbursement of such expenses
shall be made available from funds authorized to
the Department of Administration.
C. Each cabinet department shall make every
reasonable effort to cooperate with the Council
to implement the provisions of this order.
Section 5. IMPLEMENTATION AND
DURATION
This Executive Order shall become effective
immediately and shall expire in accordance with
North Carolina law two years from the date on
which it is signed. It is subject to reissuance or
extension at the discretion of the Governor.
Done in Raleigh, North Carolina, this 18th day
of May, 1989.
EXECUTIVE ORDER NUMBER 91
NORTH CAROLINA MOTOR CARRIER
ADVISORY COUNCIL
The motor carrier industry is an important in-
dustry to North Carolina and to the United
States. Coordination with other states' laws and
federal laws benefit the motor carrier industry,
businesses served by the motor carrier industry,
and the citizens of North Carolina.
NOW, therefore, by authority vested in me as
Governor by the Constitution and laws of North
Carolina, IT IS ORDERED:
Section 1. ESTABLISHMENT
There is hereby created and established the
North Carolina Motor Carrier Advisory Council.
The Advisor)' Council shall be composed of not
less than seventeen (17) members as follows:
The Secretary of the Department of Transpor-
tation or his designee;
The Highway Administrator or his designee;
Commissioner, Division of Motor Vehicles or
his designee;
Director, Motor Fuel Division, Department of
Revenue or designee;
Director, Governor's Highway Safety Program
or designee;
North Carolina Utilities Commission, Trans-
portation Division representative;
North Carolina State Highway Patrol represen-
tative;
At least six members from the motor carrier in-
dustry representing the following areas: heavy
duty and rigging, truckload, less than truckload,
trucking association, private carrier, tank /bulk;
Representative of the state bus association;
313
NORTH CAROLINA REGISTER
EXECUTIVE ORDERS
At least three (3) members representing the in-
terests of intra-state truck users.
National Motor Carrier Advisory Committee
members shall serve as ex-officio members of the
North Carolina Council.
All public members shall be appointed and
serve at the pleasure of the Secretary of the De-
partment of Transportation. They shall serve
two-year terms.
The Secretary of the North Carolina Depart-
ment of Transportation or his designee shall chair
the Advisory Council.
The Secretary of Transportation may designate
a co-chair from among the public members of
the Council.
Section 2. DUTIES
The Advisory Council shall have the following
duties:
1. To review current laws, policies, and pro-
cedures regarding taxation, regulation, and
safety of the motor carrier industry in
North Carolina;
2. To determine the extent to which these
laws, policies, and procedures are consist-
ent with those in other states;
3. To work cooperatively with the National
Governors' Association, the Federal
Highway Administration, and other or-
ganizations in an effort to streamline and
improve uniformity and efficiency among
the states in motor carrier taxation, regu-
lation, and other related matters;
4. To advise the Governor and make rec-
ommendations concerning the motor car-
rier industry.
Section 3. ADMINISTRATION
The Department of Transportation shall pro-
vide the plaruiing, technical, and administrative
support for the Advisory Council.
Section 4. EXPENSES
Members of the Council shall be compensated
for their per diem expenses as provided in N.C.
General Statutes 138-5 and 138-6. These ex-
penses shall be provided from funds made avail-
able from the Department of Transportation.
Section 5. AGENCY COOPERATION
Every agency and department of state govern-
ment is directed to cooperate with the Council
by providing necessary information requested by
the Council and to provide the Council on a
timely basis departmental directives and proce-
dures applied within the agency or department
which affect the motor carrier industry.
Section 6, EFFECTIVE DATE
This Order shall be effective immediately and
shall remain in effect as provided by N.C. Gen-
era] Statutes 147-16.2.
Done in the Capital City of Raleigh,
Carolina, this 18th day of May, 1989.
North
NORTH CAROLINA REGISTER
314
PROPOSED RULES
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
ly otice is hereby given in accordance with G.S.
1 SOB- 1 2 that the Division of Health Services in-
tends to amend rule(s) cited as 10 NCAC IDA
.1935, .1937 - .1942. .1944. .1946 - .1950. .1952 -
.1958. .I960 - .1961. .1964; and repeal rule(s)
cited as JO NCAC lOA .1936.
1 he proposed effective date of this action is
January I. J 990.
1 he public hearings will be conducted:
July 18. 1989 - 7:30 p.m.
Public Assembly Building
Brunswick County Government Complex
Highway 17 South
Bolhia. North Carolina
July 19, 1989 - 1:30 p.m.
Highway Building
Auditorium (First Floor)
1 South Wilmington Street
Raleigh. North Carolina
July 20, 1989 - 7:30 p.m.
.4 dministration Building
McDowell Technical Community College
Exit 226, 1-40
Marion, North Carolina
K^omment Procedures: Any person may request
information or copies of the proposed rules by
writing or calling John P. Barkley, Agency Legal
Specialist. Division of Health Senices. P.O. Box
2091, Raleigh. North Carolina 2''602-2091, (919)
733-3134. Written comments on these rule
changes may be sent to Mr. Barkley at the above
address. M'ritten and oral comments (no more
than ten minutes for oral comments I on these rule
changes may be presented at the public hearing.
Notice should be given to Mr. Barkley at least
three days prior to the public hearing if you desire
to speak. A fiscal note is also a\ailable.
CHAPTER 10 - HEALTH SERMCES:
ENVIRONMENTAL HEALTH
SLBCJL\PTER lOA - SANITATION
SECTION .1900 - SEWAGE TREATMENT AND
DISPOSAL SYSTEMS
.1935 DEFINITIONS
The following definitions shall apply through-
out this Section:
(6) "Areas subject to frequent flooding" means
those areas inundated at a ten-year or less
frequency and includes alluvial soils and
areas subject to tidal or storm overwash.
(7) "Collection sewer" means gravity flow
pipelines, force mains, effluent supply lines,
and appliances appurtenant thereto, used for
conducting wastes from building drains to a
treatment system and to a ground absorp-
tion sewage treatment and disposal system.
(8) "E)esignated wetland" means an area on
the land surface established under the pro-
visions of the Coastal Area Management
Act or the Federal Clean Water Act.
(9) "Design unit" means one or more dwelling
units, places of business, or places of public
assembly on a single lot or tract of land or
on multiple adjoining lots or tracts of land
under common or joint ownership to be
served by a sanitary sewage system.
(10)f ?4 "Dwelling unit" means any room or
group of rooms located within a stnicture
and forming a single, habitable unit with fa-
cilities which are used or intended to be used
for living, sleeping, bathing, toilet usage,
cooking, and eating.
(11)( ^ "Effluent" means the liquid discharge of
a septic tank or other sewage treatment de-
vice.
(12) f9^ "Ground absoiption sewage treatment
and disposal system" means a system that
utilizes the soil for the subsurface disposal
of partially treated or treated sewage effluent.
(13) f4^ "Horizon" means a layer of soil, ap-
proximately parallel to the surface, that has
distinct characteristics produced by soil
forming processes.
(14) fj-H "Local health department" means any
county, district, or other health department
authorized to be organized under the Gen-
eral Statutes of North Carolina.
(15) "Mean high water mark" means, for
coastal waters having six inches or more lu-
nar tidal influence, the average height of the
high water over a j_9 year period.
(16) "Naturally occurring soil" means soil
formed in place due to natural weathering
processes and being unaltered by addition-
filling, removal, or other man-induced
changes other than tillage.
(17) f4-34 "Nitrification field" means the area in
which the nitrification lines are located.
(18) (44^ "Nitrification lines" means approved
pipe, specially designed p>orous blocks, or
other approved materials which receive par-
tially treated sewage effluent for distribution
and absorption into the soil beneath the
ground surface.
315
NORTH CAROLINA REGISTER
PROPOSED RULES
(19) "Nitrification trench", also referred to as
a sewage absorption trench, means a ditch
into which a single nitrification line is laid
and covered by soil.
(20)(44) "Non-ground absorption sewage treat-
ment system" means a facility for waste
treatment designed not to discharge to the
soil, land surface, or surface waters, includ-
ing but not limited to, approved vault
privies, incinerating toilets, mechanical toi-
lets, composting toilets, chemical toilets, and
recycling systems.
(21)f l-^ "Organic soils" means those organic
mucks and peats consisting of more than 20
percent organic matter (b^ dr^ weight) and
te deptho »f 18 inches or greater in thick-
ness.
(22) f-^6^ "Parent material" means the mineral
matter that is in its present position through
deposition by water, wind, gravity or by de-
composition of rock and exposed at the land
surface or overlain by soil or saprolite.
(23) (44^ "Ped" means a unit of soil structure,
such as an aggregate, crumb, prism, block,
or granule formed by natural processes.
(24) f4^ "Perched water table" means a satu-
rated zone, generally above the natural water
table, as identified by drainage mottles
caused by a restrictive horizon.
(25)f J4i "Person" means any individual, firm,
association, organization, partnership, busi-
ness trust, corporation, company, or unit of
local government.
(26)f J0^ "Place of business" means any store,
warehouse, manufacturing establishment,
place of amusement or recreation, service
station, foodhandling establishment, or any
other place where people work or are served.
(27) f^H "Place of public assembly" means any
fairground, auditorium, stadium, church,
campground, theater, school, or any other
place where people gather or congregate.
(28) fJJ4 "Privy building" means and includes
any and all buildings which are used for pri-
vacy in the acts of urination and defecation
which are constructed over pit privies and
are not connected to a ground absorption
sewage treatment and disposal system or a
public or community sewage system.
(29) "Public management entity" means a city
(G.S. 160A, Article 16), county (G.S. r53A,
Article 15), interlocal contract (G.S. 153A,
Article 16), joint management agency (G.S.
160A-461 -462), county service district (G.S.
153A, /Vrticle 16), county water and sewer
district (G.S. 162 A, Article 6), sanitary dis-
trict (G.S. BOA, Article 2), water and sewer
authority (G.S. t62A, Article I), metropol-
itan water district (G.S. 162A, Article 4),
metropolitan sewerage district (G.S. 162A,
Article 5). public utility |G.S. 62-3(23)1. local
or district health department (G.S. 130A,
Article 2), or other public entity legally au-
thorized to operate and maintain on-site
sewage systems.
(30)f 3^ "Relocation" means the displacement
of a residence, place of business, or place of
public assembly from one location to an-
other.
(3JQ(34) "Repair area" means an area, either in
its natural state or which is capable of being
modified, consistent with these Rules, which
is reserved for the installation of additional
nitrification fields and is not covered with
structures or impervious materials.
(32)f 3^ "Residence" means any home, hotel,
motel, summer camp, labor work camp,
mobile home, dwelling unit in a multiple-
family structure, or any other place where
people reside.
(33)f 34^ "Restrictive horizon" means a soil ho-
rizon that is capable of perching ground
water or sewage effluent and that is brittle
and strongly compacted or strongly ce-
mented with iron, aluminum, silica, organic
matter, or other compounds, capabl e ef
porohing ground vvator m- sewage oflluont.
Restrictive horizons may occur as fragipans,
iron pans or organic pans, are recognized by
their resistance in excavation or in using a
soil auger, and are compacted soil or are ce-
mented.
(34) f3^ "Rock" means the consolidated or
partially consolidated mineral matter or ag-
gregate, including bedrock or weathered
rock, not exhibiting the properties of soil
and exposed at the land surface or overlain
by soil or saprolite.
(35)f 3^ "Sanitary system of sewage treatment
and disposal" means a complete system of
sewage collection, treatment and disposal,
including approved privies, septic tank sys-
tems, cormection to public or community
sewage systems, incinerators, mechanical
toilets, composting toilets, recycling toilets,
mechanical aeration systems, or other such
systems.
(36) f^ "Saprolite" means thoroughly decom-
posed earthy mineral matter, weathered in
place from igneous or metamorphic rock
and usually overlain by soil and exhibiting
some properties of rock.
fj^ "Soptago" moans a waste ttwt i* a fluid
mixture ef^ partially tr e at e d sowago solids,
liquids, a»4 sludge e# human er domestic
NORTH CAROLINA REGISTER
316
PROPOSED RULES
wast e origin pumpod from ooptio tanks, ree-
iJontial groaoo traps, bf privies.
(37) fJ->4 "Septic tank" means a water-tight,
covered receptacle designed for primary
treatment of sewage and constructed to:
(a) receive the discharge of sewage from a
building;
(b) separate settleable and floating solids from
the liquid;
(c) digest organic matter by anaerobic bacte-
rial action;
(d) store digested solids through a period of
detention; and
(e) allow clarified liquids to discharge for ad-
ditional treatment and final disposal.
(38) (4^ "Septic tank system" means a subsur-
face sanitary sewage system consisting of a
Bottling septic tank and a subsurface disposal
field.
[39)(4^ "Sewage" means the liquid and solid
human waste and liquid waste generated by
water-using fixtures and appliances, includ-
ing those associated with food handling.
The term does not include industrial process
wastewater or sewage that is combined with
industrial process wastewater.
(4Q) f44^ "Site" means the area in which the
sewage treatment and disposal system is to
be located and the area required to accom-
modate repairs and replacement of
nitrification field and permit proper func-
tioning of the system.
(41) f^ "Soil" means the naturally occurring,
unconsolidated mineral and organic material
of the land surface developed from rock or
other parent material and consists of sand,
silt, and clay-sized particles and variable
amount of organic materials. Soil does not
exhibit properties of rock or parent material.
However, zones of transition in which soil
characteristics predominate shall be consid-
ered soil.
(42) f^4^ "State" means the Department of Hu-
man Resources, Division of Health Services.
(43) (4?4 "Structur e ", as it- rolatoo te setir "Soil
structure" means the arrangement of pri-
mary soil particles into compound particles,
peds, or clusters that are separated b\/ na-
tural planes of weaknesses from adjoining
aggregates. aft4 havo proportios unUlc e those
ef aft equal mai i S »f unaggrogatt'd primar)'
seil partioloo.
(44) "Soil textural classes" means soil classi-
fication based upon size distribution of
mineral particles in the fine-earth fraction
less than two millimeters in diameter. Ihe
fine-earth fraction includes sand (2.0 -_ 0.05
mm in size), silt (less than 0.05 mm - 0.002
mm or greater in size), and clay (less than
0.002 mm in size) particles. The specific
textural classes are defmed as follows:
(a) "Sand" means soil material that contains
85 percent or more of sand; the percentage
of silt plus 1.5 times the percentage of clay
shall not exceed 15.
(b) "Loamy sand" means soil material that
contains at the upper limit 85 to 90 per-
cent sand, and the percentage silt plus 1.5
times the percentage of clay is not less
than 15; at the lower limit it contains not
less than 22 l2 M percent sand, and the
percentage of sUt plus twice the percentage
of clay does not exceed 30.
(c) "Sandy loam" means soil material that
contains either 20 percent clay or less, and
the percentage of sUt plus twice the per-
centage of clay exceeds 30, and contains
52 percent or more sand; or less than
seven percent clay, less than 50 percent
silt, and between 43 and 52 percent sand.
(d) "Loam" means soil material that contains
seven to 27 percent clay, 28 to 50 percent
silt, and less than 52 percent sand.
(e) "Silt loam" means soil material that con-
tains 50 percent or more silt and 12 to 17
percent clay; or contains 50 to 80 percent
silt and less than 12 percent clay.
(f) "Silt" means soil material that contains 80
percent or more silt and less than 12 per-
cent clay.
(g) "Sandy clay loam" means soil material
that contains 20 to 3_5 percent clay, less
than 28 percent sUt, and 45 percent or
more sand.
(h) "Clay loam" means soil material that
contains 27 to 40 percent clay and 20 to
45 percent sand,
(i) "SUty clay loam" means soil material that
contains 27 to 40 percent clay and less
than 20 percent sand.
(i) "Sandy clay" means soil material that
contains 35 percent or more clay and 45
percent or more sand,
(k) "Silty clay" means soil material that con-
tains 40 percent or more clay and 40 per-
cent or more silt.
(1) "Clay" means soil material that contains
40 percent or more clay, less than 45 per-
cent sand, and less than 40 percent silt.
(45) "Stream" means a natural or manmade
channel in which water flows most of the
year.
(46) (4^ "Subsurface disposal" means the ap-
plication of sewage effluent beneath the sur-
face of the ground by distribution through
approved nitrification lines.
317
NORTH CAROLINA REGISTER
PROPOSED RULES
Statutory Authority G.S. 1 30 A- 335(e).
.1936 REQUIREMENTS FOR SEWAGE
TREATMENT AND DISPOSAL
(REPEALED)
Statutory Authority G.S. l30A-335(e).
.1937 PERMITS
(a) An Improvement Permit shaU be required
before a ground absorption or a nonground ab-
sorption sewage treatment and disposal system is
initially installed to serve a residence, place of
business, or place of public assembly and before
subsequent additions thereto which increase
sewage flow as determined by Rule .1949 of this
Section and before any repairs or renovations to
a sewage treatment and disposal system.
(b) No person shall construct, install, repair,
or renovate, or cause to be constructed, installed,
repaired, or renovated any ground absorption
sewage treatment and disposal system without
first having obtained an Improvements Permit
from the local health department. The local
health department shall issue an Improvements
Permit only after it has determined that the sys-
tem is designed and can be installed so as to meet
the provisions of these Rules. An Improvements
Penmit shall be valid for ^ 60 months from the
date of issue. If the installation has not been
completed during that time period, the informa-
tion submitted in the application for an Im-
provements Permit is falsified or changed, or the
site is altered, the permit shall become invalid.
When an Improvements Permit has become in-
valid, the installation shall not be commenced or
completed until a new Improvements Permit has
been obtained.
(c) Application for an Improvements Permit
shall be submitted to the local health department.
The application shall contain at least the follow-
ing information: name of owner, mailing ad-
dress, location of property, plat of property (if
not readily available to local health department),
type of facility, estimated sewage flow based on
number of bedrooms or number of persons
served, type of water supply, and signature of
owner or authorized agent.
(d) Application fof Prior to the issuance of an
Improvement Permit for a ground aboorption
GO' i ' i ago treatment aft4 dispo( . al sanitary sewage
system to serve a condominium or other multi-
ple- fainily ownership development where the
system will be under common or joint control,
shall h^ made by submitting a properly executed
agreement (tri-party) among the local health de-
partment, developer, and a non-profit, incorpo-
rated owners homoownors association shall be
submitted to the local health department and
filed with the local register of deeds, which ad-
droooos The tri-party agreement shall address
ownership, transfer of ownership, maintenance,
repairs, operation, wi4 performa fte^v and the
necessary funds for the continued performance
of the sanitary sewage system, including col-
lection, treatment, disposal, and other
appurtenances.
(e) No residence, place of business, or place of
public assembly shall be occupied nor shall any
sanitary sewage system be covered or placed into
use until the local health department fmds that
the system is in compliance with Article 1 1 of
G.S. Chapter 130A, these Rules, and all condi-
tions prescribed by the Improvements Permit,
and issues a Certificate of Completion or an Op-
eration Permit. The Operation Permit shall be
' I 'tJid ae long as the sanitary oo' i ' i 'ago system is m
oompliono e witk j\rtiolo 44 ef Gr^ Chapter
130A, these rules, and e^ conditions imposed by
th« Operation Permit, renewed at the frequency
specified in Table V. Prior to permit renewal,
the local health department shall \erify that the
sanitary sewage system remains in compliance
with Article II of G.S. Chapter 130 A, these rules
and all conditions imposed by the Operation
Permit.
(f) Upon determining that an existing sanitary
sewage system has a valid Operation Permit or a
valid Certificate of Completion and is operating
satisfactorily in a mobUe home park, the local
health department shall issue a written authori-
zation for a mobile home to be connected to the
existing system and to be occupied.
(g) Any person other than th« own e r ef con
troUor ef a r e sid e nc e , plac e ef busin e ss, &f place
ef public assembly, who engages in the business
of constructing, installing, or repairing sanitary
sewage treatment aft4 disposal systems &f tfee
coll e ction, hauling, and disposal ef s e ptag e from
septic tonics shall register with the local health
department in each county where he operates
before constructing, installing, or repairing sani-
tary sewage tr e atm e nt aft4 disposal systems, ©f
collecting afi4 disposing »f septage from septic
tanl(s.
(h) Systems which exceed 3,000 gallons per day
and other systems which are required to be de-
signed by a professional engineer shall be rein-
spected annually.
(i} The local health department shall prepare a
written report with reference to the site or soil
conditions required to be evaluated pursuant to
this Section. When a permit is denied, the report
shall be provided to the applicant and shall in-
cludc information on modifications or altema-
NORTH CAROLINA REGISTER
318
PROPOSED RULES
tives available and the mechanism and required
timeframes for appealing the decision in accord-
ance with G.S. 15QB. The report shall be signed
and dated by the local (authorized) sanitarian.
Statutory Authority G.S. 1 30 A- 335(e).
.1938 RESPONSIBILITIES
(b) Actions of representatives of state or local
health departments engaged in the evaluation and
determination of measures required to effect
compUance with the provisions of this Section
shall in no way be taken as a guarantee or war-
ranty that sewage treatment and disposal systems
approved and permitted will function in a satis-
factory manner for any given period of time. »f
tl*at- such omployooij aooumo aity liability fop
domagoB, concoquontiol ef direct, which are
caus e d, Bf wiiich mey be oauood, by » malfunc
tf»ft si ouch cyQtumo. Due to the development
of clogging mats which adversely impact the life
expectancy of normallv functioning ground ab-
sorption sewage treatment and disposal systems
and variables influencing system function which
are beyond the scope of these rules, no guarantee
or warranty is implied or given that a sewage
treatment and disposal system will function in a
satisfactory manner for any specific period of
tmie.
(c) Plans and specifications prepared by a per-
son with a demonstrated knowledge of ground
absorption sanitary sewage collection, treatment,
and disposal systems, soil and rock character-
istics, ground-water hydrology, and drainage sys-
tems may be required for review and approval
by the local health department ^i i horo the dosign
C^iii^a^^ T 1 j-A 1 1 f ^^i^^^^^jl^ f\.i\t\ 1 1 r~i\\ t^ t-i c ^^^j- il^^i Qrifi CriQil
be required for alternative systems not specifically
described in this Section, aft4 extensive drainage
systems ser\'ing two or more lots, and for sanitary
sewage systems designed to handle 3,000 gallons
per day or less, which include separate
nitrification fields with individual capacities of
greater than 1500 gallons per day, as determined
in Rule .1949(a) or (bj of this Section, prior to
the issuance of an Improvement Permit.
(d) Sowago treat mont c*h4 disposal syst e ms net
spocificaUy described m Ae rul e s ef A** Section
Bf afty systems which require complex pumping,
I i vuii I iviii , u I I.' 1 V II \,Ti III IV.' Ill \y\j i\JW/ u I \y\ ^-TuixTj (jii ivt
than by a conventional septic tanlc, collection
sewers, structures which hav e »»*■ been pfe-
ongineered, aft4 any oth e r syst e ms se sp e cifi e d
by the local h e alth d e partm e nt shall be design e d
by a professional e ngineer currently lic ie nsed by
the State »f North Carolina aft4 appros'ed by the
local health department. Application rat e s fof
such syst e ms shall be m accordance witk tki«
Section unl e o s other ratos are oortifiod acooptablo
by th« profoooionol onginoor er by a 6e4 sciontiot
aH4 approved by tb« looal h e alth doportmont.
Piano a»4 opocifioations for §uek systomo, i»-
oluding mothodo »i operation aH4 maintonanoo,
Dholl be approved prior V» issuance ef an bn-
provomonts P e rmit, aH4 t^ Certificato ^i Com
ntfitinn r.hnll nnt bA ir.r.iicifi until iIja ^acuxxl
onginoor o e rtiftos t» tbe looal health d e partment
(4tal tb« system wa« installed m acoordanoo wttk
th« approved piano aft4 speoifioationo. Any san-
itary sewage system which meets one or more of
the following conditions shall be designed by a
professional engineer currently licensed to prac-
tice in the state of North Carolma:
(1) The system is designed to handle over
3,000 gallons per day, as determined in
Rule .1949(a) or (b] of this Section, ex-
cept where the system is limited to an in-
dividual septic tank system serving an
individual dwelling unit or several indi-
vidual septic tank systems, each serving
L21
(31
(41
an individual dwelling unit.
The system requires pretreatment before
disposal other than by a conventional
septic tank.
The system requires use of sewage pumps
prior to the septic tank or other pretreat-
ment system, except for systems subject
to the North Carolina Plumbing Code.
The system requires use of more than one
pump or siphon.
The system includes collection sewers
15) The
which serve two or more buildings.
The system includes structures which have
not been pre-engineered.
Any other system so specified by the local
health department.
state shall review and approve plans and
(61
121
The
specifications for all systems serving a design unit
with a design flow greater than 3,000 gallons per
day which are required to be designed by a pro-
fessional engineer and any other system so speci-
fied by the local health department. An
improvement permit shall not be issued unless
the plans and specifications, including methods
of operation and maintenance, are approved by
the state. Prior to issuance of the operation
permit, the owner shall submit to the local health
department a statement signed by a registered
professional engineer stating that construction is
complete and in accordance with approved plans
and specifications and approved modifications.
Periodic observations of construction and a fmal
inspection for design compliance by the certifying
registered professional engineer or his represen-
tative shall be required for this statement. The
519
NORTH CAROLINA REGISTER
PROPOSED RULES
statement shall be affixed with the professional
engineer's seal.
(e) Plans and specifications required to be pre-
pared by a professional engineer shall contain all
necessary information for construction of the
system in accordance with applicable rules and
laws and shall include at least one or more of the
(2) a site plan
showing aU system
following, as determined to be applicable by the
local or state health department
(1) the engineer's seal, signature, and the date
on all plans and the first sheet of specifi-
cations^
based on a surveyed plat
components, public
water supply sources within 500 feet, pri-
vate water supplies and surface water
supplies within 200 feet, water lines serv-
ing the project and v/ithin ten feet of all
components, building foundations, base-
ments, property lines, embankments or
cuts of two feet or more in vertical height,
swimming pools, storm sewers,
interceptor drains, surface drainage
ditches, and adjacent nitrification fields;
(3) specifications describing all materials to
be used, methods of construction, and
means for assuring the quality and integ-
rity of the fmished product, and the oper-
ation and maintenance procedures to be
included in the specifications shall address
requirements for the system operator, in-
spection schedules, residuals management
provisions, process and performance
monitoring schedules, and provisions for
maintaining mechanical components and
nitrification field vegetative cover;
(4) for collection sewers, force mains and
supply Uncs, plan and profde drawings.
showing
cleanout
£51
(61
pipe
and
diameter,
manhole
depth of
locations,
cover,
invert
and ground surface elevations, valves and
appurtenances, proximity to utilities in
natural features such as wells, water fines,
storm drains, surface waters, roads, and
other trafficked areas;
moval system, activation levels for pumps
or siphons and high-water alarm, and
electrical connection details;
(7) for wastewater treatment plants and other
pretreatment systems, plan and profile
drawings and cross-section views for all
relevant system components, and for
non-standard systems, also provide data
and contact lists for comparable facilities;
date (8) for nitrification field and repair area, plans
showing the following:
(A) field locations with existing and fmal
relative contour lines based on field
measurements at intervals not exceeding
two feet or spot elevations if field areas are
essentially flat or of uniform grade;
(B) field layout, pipe sizes, length, spacing,
connection and cleanout details, invert el-
evations of flow distribution devices and
laterals, valves, and appurtenances;
(C) trench plan and profile drawings and
flow distribution device details;
(D) location and design of associated sur-
face and groundwater drainage systems;
and
(9) any other information required by the lo-
cal or state health department.
(f) For systems permitted after January 1, 1990,
the entire sanitary sewage system shall be owned
or controlled and operated by a person legally
authorized to own or control and operate a sys-
tem. Unrestrictive easements shall be obtained
permitting the use and unlimited access for in-
spection and maintenance of aU portions of this
system to which the owner and operator do not
hold clear title. Easements shall remain valid as
lone
as the system is operational and shall be re-
corded with the county register of deeds.
opooifi cations f&f emy oonitory cowago oyotom
whoro th« dooign oowago flew oKooodo 3000 ga^
lefw per Aay^ e xcept whore \i*& oonitary oowago
oyotom i« limited te em individual eoptio tank
syotom Gor^'ing aft individual dwelling u«rt »f b»-
voTol individual ooptio tank oyotomo e ach oorving
aft individual dwolling unit.
for all tankage, plans showing capacity,
invert and ground elevations, access
manholes, inlet and outlet detail, and for Statutory Authority G.S. l30A-335(e).
built-in-place or nonstate-approved, pre-
.1939 SITE EVALUATION
(a) The local health department shall investi-
gate each proposed site. The investigation shall
include the evaluation of the following factors:
(1) topography and landscape position;
(2) soil characteristics (morphology); which
inoludoo t e xtur e , otructuro, porosity,
consiotonc e , color, aH4 oth e r physical,
mineral, aft4 biological prop e rti e s ef va«-
cast tanks, also show dimensions, re-
inforcement details, liquid depth, and
other pertinent construction features;
for lift stations and effluent dosing tanks,
calculations for pump or siphon sizing,
plan and profile drawings additionally
showing anti-buoyancy provisions, pump
or siphon locations, discharge piping,
valves, vents, pump controls, pump re-
NORTH CAROLINA REGISTER
320
PROPOSED RULES
et» horii'.onr . , aft4 Ae thiclcnooo aR4 af-
rangomont ef tiie homons m-a &e4 proTilo;
extomal (! . urfuc e ) aft4 intomol (soil);
(4) soil depth;
(5) restrictive horizons; and
(6) available space.
(b) Soil profiles shall be evaluated at the site
by borings or other means of excavation to at
least 48 inches or to an LiNSUIl ABLE charac-
teristic and a detennination shall be made as to
the suitability of the soil to treat and absorb
septic tank cflluent. Applicants may be required
to di2 pits when necessary for proper evaluation
of the soil at the site.
(c) ft4 Site evaluations shall be made in ac-
cordance with Rules .1940 through .1948 of this
Section. Based on this evaluation, each of the
factors listed in Paragraph (a) of this Rule shall
be classified as SUITABLE (S), PROVI-
SIONALLY SUITABLE (PS), or UNSUIT-
ABLE (U).
Statutory Authority G.S. 130A-335(e).
.1940 TOPOGRAPHY .\ND LANDSC.\PE
POSITION
(a) Uniform slopes under 15 percent shall be
considered Sl'ITABLE with respect to topogra-
phy. When filopus stf% 1<«* than i poroont. pro
vi 'i ions shall l*e mudo te in euro adi ' quat t* ourtaco
drainaLio. WTiL'n uloptia ^ts% gr e at e r than fo«f
porccnt . the nitnfication linco ' . . hall follow t4*#
contour ef tfee ground.
(b) Uniform slopes between 1 5 percent and 30
percent shaU be considered PROVISIONALLY
Sl'ITABLE with respect to topography, if A#
t i OiK' i afe dc'op (44 uiohco Bf more). Slopoo withm
tfet* range may require inr . tallation ef interceptor
drainr . up j. lopc from t+w ?»4 absorption oyotom
te- remose aii e xce -. s V i ator th*t- might b* mo' i ing
laterally througli tth* &t»ii during wet- periods ©f
ttue year. L ' ^ . able areao larger than minimum afe
ordinarily requir e d m this slop e range.
(c) Slopes greater than 30 percent shall be
considered L'NSL'ITABLE as to topography.
except ' ■ ' ■ hen a thorough study ef ti**» s©ii char
acteri ' jtico indicates ti*at- a stni absorption syst e m
v4i4 function satisfactorily aft4 sufficient ground
afea i* available te- properly install such a system.
Slopes ereatcr than 30 percent may be classifi e d
reclassified as PROVISIONALLY SUITABLE
after an investigation indicates that a modified
SNstcm ma\' be installed in accordance uith Rule
. U)56 of this Secuon; however, slopes CTcatcr
(4-) -Ft*** slop e 6a» b» torracod ef othonvioo
gradod »f ti«» nitrification foieft located m
naturally occurring seit se as te maintain
a minimum 10 foot horigontal distance
from tk« nitrification tronch an^ tk# te^
edge ef t^ ftU ombanlanent;
f2) ^fte se4 oharaotoriotico 6a» fee clascifiod as
Suitable ef Provisionally Suitable te a
ni>nt n a£ at iAa^JL ^\v\i^ font K...ir->.i ■ ♦l-i ^i t-u-v*
t»f» ef tii© nitrification tr e nch;
{m Surfaoo wat e r runoff \% diverted around t^
nitrification &44 se t^^at thoro wiU be He
Boouring ©f orooion ef the se*i »¥eF the
(4) tf nocoosary, ground water flew is inter
ceptod eii¥^ di' . erted t» prcont such water
from running iftt© ©f saturating the eeit
absorption system; aft4
^^^A JJ^^^C^ ^c ^^^i^^^^^j^t j-l-T-i-i 1 > «-i j^ ■->■-.->■-■ <-»Tri-««lt-»l-t1f-t 4 j-v
install tfee septic tanlc system with these
modifications.
(d) Complex slope patterns and slopes dis-
sected by guUies and ravines shall be considered
Unsuitable with respect to topography.
fe^ iVrcxis subject t© frequent flooding shall be
considorod Unsuitabl e "wtfe respect te land ' ^icap e
position.
(e) (f^ Depressions shall be considered Unsuit-
able with respect to landscape position except
v\hen the site complies essentially with the re-
quirements of this Section and is specifically ap-
proved by the local health department.
(li fg) The surface area on or around a ground
absorption sewage treatment and disposal system
shall be landscaped to provide adequate drainage
if directed by the local health department. The
interception of perched or lateral ground-water
movement shall be provided where necessary to
prevent soU saturation on or around the ground
absorption sewage treatment and disposal sys-
tem.
(g) A designated wetland shall be considered
UNSUITABLE with respect to landscape posi-
tion.
than 65 percent shall not be reclassified as PRO-
VISIONAI 1 Y SUITABLE. v4w«-
Statutory Authority G.S. /30A-335(eJ.
.1941 SOIL CHARACTERISTICS
(MORPHOLOGY)
«se4 fof setl absorption systems. Such borings
shall be tak e n t© a depth ©f 4* inches »f as fe-
quired te- detenmne the s»tl characteristics. S€4l
bonngs aft4 e©fe samples shaU be e v aluated afi4
a determination made as t© the suitability »f the
seil te- tfeat aft4 absorb tx'ptic tafth effluent, f he
important soil characteristics which shall be
321
NORTH CAROLINA REGISTER
PROPOSED RULES
evaluated by the local health department are as
follows:
(1) Texture. The relative amounts pro-
portions of tt*» different siz e s ef sand, silt,
and clay sized mineral particles in the
fine-earth fraction of the » soil are referred
to as soil texture. AJA seik af» oompoood
includeo intormodiato oiaod particleo tbat
feek like flour whon proosod botwoon tke
^^^TC^^^^7 r^T^^^ ^TT^^^D TTTTTT US 151J-.VT| CST^b
t6 tbe minorol particl e ^r^s^ gi^'oo oohooion
* j-i. ri ^^^J /^^^^ u^^^a ^^^^^^x i3^ja^ ^n £^^^^^ Trif*
texture of the different horizons of soils
f»ay shall be classified into four general
groups and 12 soil textural classes based
upon the relative proportions of sand, silt,
and clay sized mineral particles. afi4 oholl
be us e d (ef dotormini ftg tke application
ratoo ohoss'n i» Tables U aH4 144?
(A}(e^ SOIL GROUP I - SANDY TEX-
TURE SOILS. Seii'Gfe»p h Saft4y
Bond oiiiod partioloo i» tke §eii mass.
Those seik de ne^ hav e enough e^ t»
be coh e siv e . Sandy 6»ik have favorable
sewage application rates, bu^ f«ay have a
lew filtoring capacity loading te malfunc
t4e» d^ie te contamination ef ground wa-
tefr The sandy group includes the sand
and loamy sand soil textural classes and
shall gonorally be considered SUITABLE
with respect to texture.
^^^^^n T^T^ ^^Ti^^T^^ ci^^^ ^^^^^^ rr^^T i^^n^T cc
ribbon ©f bali whon wet »f moist.
(») Loamy Sand. Loamy sand hae ft
clay), forms » w e ak ba)^ m)4 cannot be
handled without broaldng.
(B) fb) SOIL GROUP II - COARSE
LOAMY TEXTURE SOILS. Seii
Group ^ Coarse loamy t e xtur e seile
contain moro tbaft ^ poroont sand oiaod
particles aftd less than 3© p e rcent clay
hibit slight ef He sticlcinooo. The coarse
loamy group includes sandy loam and
loam soil textural classes and shall gonor
aUy be considered SUITABLE with re-
spect to texture.
^^^L J^^U^^^^U ^^^^^^^^^^ ^^^^^^^^^^ ^^^^^^a l^^^n ^t rt^^^^^^
\^j ^TC^n^^T V^^^P^^^^ ^^l^T^^T T^^CC^^T TTCrO CK C^TTT^r
r^^^l ^^^^\ ^^w^T^^ n ^^^\\ \j^a^ f^^^n 1^^ ^i^^^^^i
it VI ui i\j ivf 1 II lu Cc t.nxu TTK^r CC^^ ^^P ^^^^^^^ff
u^ wt^ (be fmgers and handled witk
safe without brealdng.
(tt) Loom. Loam may have a olightly
fingerprint a»4 forms esiy short nb-
^^^k^^a ^£ ^Q^^nn ^^^^^t ^^^t^^ ^^L ^^^^^J ■■•fci-^Vt . j%
^^0m ^^T ^^^yTTT ^^^^^T BTdT ^TT ^^^^^y B^W tSz
^^■^rt^J^^ ^^^^^^m& ^ui^l XA^SSA A X^^^U U^^^t ^^^^x
tP^HST^^. ^^^^V^RT ^^TIT ^^^^T^T W ^^QT T^W^C CC9T
^^^ ^^^^^^^^^^J ^y^^^^^^^i ^^2^^^^^^^^^>
^^P RC^^^B^^^V ^^^n^^^^^^T ^^^^^BX^BTV?
(C) (e) SOIL GROUP III - FINE
LOAMY TEXTURE SOILS." Seil
tai» less than 44 p e rcent olay sieod parti
t?M90 CCTRT rlTJT ITWyH? TTItSIT I?TT PWriMP^lT
oand sized partioloo i» a m^ moos. Thoy
e xhibit slight te modorato sticltinoos. The
fine loamy group includes sUt^ silt loam,
sandy clay loam, sil* loam, clay loam, and
silty clay loam textural classes and shall
generally be considered PROVI-
SIONALLY SUITABLE with respect to
texture.
w'hon moist a»4 wiil show a fingerprint
^^^^T ^^^HT ^^^^T ^^^^^^^^^^T C^^^CF ^^^^^^^^W ^^^^^^^ Cs
^^^^J ^^^jj^^j ^yl^^^i ^^^^i ^^^^* ^^^^1 j^^^^ ^^^^^^^^^
^^^^^x ^^^^^^^^^ ^^^^^^^^* ^^^^^t ^^^^T ^^^nr ^^^^^ ^^^^^^^^^^T
I^^^A ^^^^«^^ & l^^^U ^^^^4 ^^^^1 ^^^^^J-^^^Q ^^^JT^yi
C^^^^T ^^^^^^^^D ^K ^^C^^T ^^^^^X ^^^!^B ^^^^^^^^^^^v ^^^^^^^^7
handling.
(«*) Sandy Clay Loam. Sandy elay loam
has a gritty feel bet oontaino enough
^^^^^^ t^i ^^^^ggr^ ^i ^^^^n^ l^^^^T ^^^^^i ftl^^^^^ ^^l^^^^^u^
Irt^^^r ^ry ^T^^^^TT Cx K^T^^ff ^TC^^x C^^^^X r^^S^^r n^^^^^^^^r
te form 0.75 inch te one inch ie»g
^^^^i ^^^^^^ ^^^^^^i ^^^^^^Q^^ ^^^^^U ^^^^^i ^^^^^o^ ^c
^^^^T ^^^^^^j ^^^K^^r ^^^^TC^^^^T ^^^^^^^ ^^rc^^r ^^^^^^^T ^W
^^^^^^^^^ ^^^^^^^^1 «^^^^^^^ i^^^^i ^U^^^ r*^^^^^^^^^ ^^^^^3^
^^^^^^^^^ ^^^^^^^^r ^^^^^^^^T CZ^^^s ^^^^CT ^^^^^^^^^^X t^^^^^^T
efte (e twe inches. Rubbing wity eiay
loam witb (be thumbnail produoos a
modorato ohoon. Silty elay loom
produoos a distinct fingerprint.
moist. Clay loam forms a (bi» ribbon
^^r ^^RV t^T ^^^^^ ^R^^^^^W ^R ^P^T^^^T O^^^S
produces a slight ohoon whon rubbed
¥i4tb (be thumbnail. Qay loam
produces a non distinct fmg e rprint.
(D) (4^ SOIL GROUP IV - CLAYEY
TEXTURE SOILS. Sed "Group tV?
Clayoy texture seils contain 44 p e rc e nt e*
moro clay siz e d partiolos aH4 include
^^^^^^^^ ^^^^^^ ^^^^^^ ^^^^^t ^^^^1 6S^^^^^ ^LijI^fiUaA ACA
^W^^^^^^^ ^^K^^^T ^^^^^j ^^rc^^^j CC^^^X ^^K^^^T T^^^^^^^^ C^^^7
(Kaolinito) which 4e Bet ohrinlt er swell
oxtonsivoly whon dried ef w e tted; a«4 (be
3r4- clays (Montmorillonite) including
mixed mineral ogf' clays, witfe both
Kaolinit e and Montmorillonite, (bat v¥tU
shrml< a»4 owoll wh e n dried a»4 wotted.
te sticky; whon moist, are friabl e te fum;
NORTH CAROLINA REGISTER
322
PROPOSED RULES
LU lU 'T inJl I Ul T ) (EI U ~\ I ^I HTT nc^^^v ^^T n^^^^^
¥b« +7+ clays ((iroup IVa) shall gonorally
be oonoidorod Provif . ionally Suitabl e as (#
toxture. 44m» 3t4- aH4 miKed mineralogy
plaotio; af^ ^'hon moiot, thooo clayo a^e
ftfe very hard te OKtromoly hard. ^Hte dt4-
aA4 mix e d minoralogi/ clays (Group IVb)
shall be oonsidored Unsuitable ae t» te^
turo. The clayey group includes sandy
clay, silty clay, and clay textural classes
and shall be considered PROVI-
SIONALLY SUITABLE with respect to
texture.
(i) Sandy Clay. Sandy elay is plastic,
gritty, aH4 sticky when moiot aB4 forms
» iiff» bail emd produooo a tbin ribbon
te over twe inchoD ift length.
r> «-^ r^ j-t«.-^l.'ir ^^l^^i^i Q^^^^^A <-f\ /•! ^^^^^^ Q^^^
R^^^T ^^^^^K^^ ^tT^^^i T^^^^T^T R^^^ TCH^raW H^IT
gritty fooling. Silty elay forms a fin»
ball a»4 readily ribbons (e e¥eF tw»
inch e s ift l e ngth.
fi») Clay. Clay n both sticky aft4 plastic
whon moist, produc e s a tfetft ribbon
ovor twe inchoo m longth, produooo a
thumbnail, an4 forms a strong baU Fe-
sistant te broaldng.
(E) (e) The soil texture textural class shall
be e stimated by determined in the field
tooting, as doocribod ift Rule .1911(1) »(
tbie Suction, by hand texturing samples
of each soil horizon in the soil profile us-
ing the following criteria:
(i) Sand: Sand has a gritty feel, does not
stain the fmgers, and does not form a
ribbon or ball when wet or moist,
(ii) Ix)amy Sand: lx)amy sand has a
gritty feel, stains the fmgers (silt and
clay), forms a weak ball, and cannot be
handled without breaking,
(iii) Sandy loam: Sandy loam has a
gritty feel and forms a ball that can be
picked up with the fmgers and handled
with care without breaking,
(iv) Ixiam: 1 oam may have a slightly
gritty feel but does not show a
fingerprint and forms only short rib-
bons of from 0.25 inch to 0.50 inch in
length. I oam will form a bail that can
be handled without breaking,
(v) Silt Loam: Silt loam has a floury feel
when moist and will show a fingerprint
but will not nbbon and forms only a
weak ball.
(vi) Silt: Silt has a floury feel when moist
and sticky when wet but will not ribbon
and forms a ball that will tolerate some
handling.
(vii) Sandy Clay Loam: Sandy clay loam
has a gritty feel but contains enough
clay to form a firm ball and may ribbon
to form 0.75-inch to one-inch long
pieces,
(viii) Silty Clay Loam: Silty clay loam
is sticky when moist and will ribbon
from one to two inches. Rubbing silty
clay loam with the thumbnail produces
a moderate sheen. Silty clay loam
produces a distinct fingerprint.
(ix) Clay Loam: Clay loam is sticky
when moist. Clay loam forms a thin
ribbon of one to two inches in length
cmd produces a slight sheen when
rubbed with the thumbnail. Clay loam
produces a nondistinct fmgerprint.
(x) Sandy Clay: Sandy clay is plastic,
gritty, and sticky w hen moist and forms
a firm ball and produces a thin ribbon
to over two inches in length.
(xi) SUty Clay: Silty clay is both plastic
and sticky when moist and lacks any
gritty feeling. Silty clay forms a firm
ball and readily ribbons to over two
inches in length,
(xii) Clay: Clay is both sticky and plastic
when moist, produces a thin ribbon
over two inches in length, produces a
high sheen when rubbed with the
thumbnail, and forms a strong ball re-
sistant to breaking.
(F) Laboratory estimation determination
of t e xtur e the soil textural class as defmed
in these rules by particle-size analysis of
the fine-earth fraction (less than 2.0 mm
in size) using the sand, silt, and clay par-
ticle sizes as defined in these rules may be
substituted for field testing when con-
ducted in accordance with ASTM (Amer-
ican Society for Testing and Materials)
C 136 aft4 D-422 otandardo procedures for
sieve and hydrometer analyses which are
hereby adopted by reference in accordance
with G.S. 150B- 14(c). For fine loamy
and clayey soils (Groups 111 and IV), the
dispersion time shall be increased to 12
hours. Copies »f the standards may be
inspected in and copies obtained from the
Office ef Administrati' i e Procoduros, De-
partment of Human Resources, Division
of Health Services, P. O. Box 2091,
Raleigh, North Carolina 27602-2091.
323
NORTH CAROLINA REGISTER
PROPOSED RULES
(3) Seii Conoiotonoe. Seii conoiotonoo com
pris e s Ute attributeo »f seii material, typi
OttT^^r CtTI^^ ^^Tt^F R^^T v^C^^^^^j^v^ ^"^ J **'*' ^T^^B^vV
aH4 ki«4 b4^ oohecion aH4 adhooion ef by
(be rooiotunoo te deformQti «» er rupturo.
(a^ Seil ConoiGtonoo W^on Wot.
(4) StiolunosG. Stickinooo i« (be quality
ef adhooion te other obj e oto. Pef fiel4
evaluation ef Dticlanooo, wet set^ mat e
^^^^1 ^t ^^jr^^^^^^^^ l^^^^^^^^^^^^ ^l^^^jj^^^ ^^^^^ ^^•^^^^^^
fItXT IW tyj^^BFB^WT W^^^^^^^O^T ^^^^^^^^^T S^TCT ^^REvT
a»4 ite adhoronoe not e d. Dogrooo ef
Dtickinoso afe doDoribod as foUo^vo:
fA^ Slightly oticky. i\fter prosoure, seit
material adh e r e s te both thumb a»4
rathor cleanly, it is ft»4- approciably
otrotohod when (ke digits are oopa
rat e d.
fft) Sticky. i\ftor prooouro, seii mate
^TCn Cf^^r^^W^^CT T^T ^^^TTT III UI 1 11^ UIIU rTTT^vr
a»4 tondo i» stretch somewhat wt4
puU- apart rather than pulling ifee
TT^^TTT I- III I VI UI^IfT
(G^ Very oticky. After prooouro, eeil
material adher e s strongly t^ both
thumb 81*4 ring e r aft4 ie dooidodly
otrotchod when thoy afe s e parat e d.
(4i) Plasticity. Plasticity \% the abiUty t»
change shape continuouoly under the
taift the improoood shap e tM* removal ef
the otrooo. I^ef 6el4 dotermination ef
plasticity, jett t4*e 6e4 material botvvoon
thumb aft4 finger a»4 obsep i 'o wh e ther
form e d. Dogroo »f rooistonco t» defer
mation at ef slightly above fiel4 capao
ity as follows:
sett mass easily deformablo.
(ft) Plastic. Wire formablo aft4 mod
erate prosour e r e quired fe* deforma -
(G) Very plastic. Wire formablo and
much prossuro required fof deforma -
tie» ef the seii mass.
(fe) Seii Conoiotonce When Moiot.
Consistenc e wh e n moist is d e termined at
a moistur e content approximat e ly midway
\j\j I T? \j\.'i I uu ui T uinj I iviu ^^rrn^PTTT^ r \t iit^^
moisture content moot seil materials e*-
hibit a form ©f conoiotonce charactoriaod
rather than iftt» powder; oomo deforma
tie» prior te- rupturo; abooneo ef
disturbonoQ te coh e r e again when pross e d
together. ¥e e valuat e this consiotenco,
mass that appoaro slightly moist.
(i) Friable. Set! mat e rial orushoo e asily
under gontio te moderate prossuro be-
whoa prooood togothor.
(tt) Firm. Sett material oruohos under
moderate pr e ssure between thumb an4
finger but rooistanoo is distinctly notice
{m^ Very firm. Seit material cruoheo «»-
der strong pr e ssure; bar e ly crushablo
botwoon thumb and fmgor.
(iv) Extremely firm. Seii material
cannot be crushed botwoon thumb and
bit.
(e) Seii Consistonoo \NTion Dry. ?4te
consistence ef seil materials when dty is
charactoriaod by rigidity, brittlonoso, max
imum resiotanoo te pressure, more er less
t e ndency te crush te a powder er te frag
IllVI 1 ID ^TTTTT rar^TVr CTTKir^T ^^^^^^^^y C^^^S ^MT^^
bility ef crush e d material te cohere again
when pressed tog e ther. ¥e evaluate, se-
(+f Slightly hard. Wealdy rooiotont te
prooouro; easily broken between thumb
afid fingor.
(ti) Hard. Moderately resistant te pros
sure; ean be brok e n ift the hands with
eet difTioulty bet is barely br e altabl e
botwoon thumb em4 fmg e r.
(m^ Ve*y hard. Vary rosistant te pr e s
witb difficulty; net brooliable botwoon
thumb a»4 fmgor.
(i¥) Extr e mely hard. Extremely resistant
te pressure; cannot be broken m the
hands.
(4) Organic Soils. Organic seils shall be con
sid e red Unsuitable.
(2) (4) Soil Structure - The following types
of soil structure shall be evaluated: i»
Ql^^^^^i c^^i^^^ u^^ ^^^^^^1 c^i^^ ^j^^i ^^^^^ «^^^^^^^
II nitxT o^^r^n, T^TV CTcm^^) ^ttt, uiiu i- lu t l^jj. 1.1
known as seii structur e . Seii structur e
may have a significant effect ee tbe
movement ef effluent through a seiir ¥he
structure may detormirt e the fate ef
movement ef liquids through clay e y ooilo.
Structuro is uoually net important i» seii
shall generally be considered Suitabl e as
ITT DTTTItTTTfTt^ 'Hit? rTIT©t? JtittTIW WT OITII
Structure that are most significant m
NORTH CAROLINA REGISTER
324
PROPOSED RULES
movomont ef oowago ofiluent through
Groups m aH4 W- getk aF» block lilco,
platy, aH4 (^ abs e nc e e^seil struoturo er
maooivo conditions are describ e d ete, ie^
(A) CRUMB AND GRANULAR SOIL
STRUCTURE - Soils which have crumb
or granular structure shall be considered
SUITABLE as to structure.
TURE
BLOCK-LIKE SOIL STRUC-
Block-Like Soil Structure with
peds 2.5 cm [\_ inch) or less in size shall
be considered PROVISIONALLY
SUITABLE as to structure. Block-like
soil structure with peds greater than 2.5
cm £]_ inch) in size within 36 inches of the
naturally occurring soil surface shall be
considered UNSUITABLE as to struc-
ture.
(4^ te Groups W afl4 W- soils, '4 tfe« seil
exhibits many p e ds ef angular ftft4 s«b-
roundod pods, A©» A» s«ik have
blocli lilce structur e . ^1^ oowago
eflluant »»y mov e botwoon tb© cracks
ef thoc . o typos ef podo. Block Ulio seii
structuro i» Groups Hi a«4 tV- soils is
frequently dootroyod by mochanical
equipment manipulating Ae seiJ whon
it- is tee w^tr Trenches fof nitrification
Unos being placed j» Groups H4- aR4 iV
soils with block lilco structure should
Block lik e seii structur e i» Groups Ht
aft4 tV sods shall b» considered Provi
sionaUy Suitable as te structure.
(«) Som e rooks, oven though weathered,
ouch as slates ef creviced ©f fractur e d
rocks, exhibit block lik e structure,
which is ftet- changed by moving water,
thereby allowing fluids te mov e down
w'ard without filtration. Rock shall h%
consider e d L nsuitablo as t» structuro.
(C) PLATY SOIL STRUCTURE - soOs
which have platy soil structure within 36
inches of the naturally occurring soil sur-
face shall be considered UNSUITABLE
as to structure.
(^ Platy Sei4 Structur e , tf Groups W aad
L^^ f J~\ « 1 ■.-• Toll .-\ 1 1 ♦ « «-l f .-1 ^^^t^il^^^ ^l^^^^t^^ +1^^^&
(fee seil would hav e platy structuro. W»-
tef »f effluent mos e m e nt through thooo
seik would be extremely slow, a»4 tbe
structuro shall be considered Unsuitable.
(e^ Absence ef Seii Structure. Somo
Groups Ht Wt afi4 iV seiis afe massiv e
aft4 exhibit He structural aggregates. !«
these kinds ef soils, water ef effluent
(31
mov e ment would be nogligiblo. Such
struoturo shall be oonsidorod Unsuitablo.
(D) PRISMATIC SOIL STRUCTURE -
Soils which have prismatic soil structure
within 36 inches of the naturally occurring
soil surface shall be considered UNSUH-
ABLE as to structure.
(Ei ABSENCE OF SOIL STRUCTURE
- Soils which are single grained and exhibit
no structural aggregates shall be consid-
ered sun ABLE as to structure. Soils
which are massive and exhibit no struc-
tural peds within 36 inches of the na-
tural]^ occurring soil surface shall be
considered UNSUITABLE as to struc-
ture.
(F) Structure shall be evaluated using Soil
Taxonomy, Appendix I^ which is hereby
adopted by reference in accordance with
G.S. 1 SOB- 14(c). Copies may be m^
spected in, and copies obtained from, the
Department of Human Resources, Divi-
sion of Health Services, P.O. Box 2091,
Raleigh, NC 27602-2091.
Clay Mineralogy - Along with soil texture,
the mineralogy of the clay -sized fraction
determines the degree to which some soils
swell and thereby affects the size and
number of pores available for movement
of sewage effluent through the soil. There
are two major types of clays, including 1:1
clays , which do not shrink or swell exten-
sivel
when dried or wetted^ and the 2:1
clays, including mixed mineralogy clays,
such as clays containing Kaolinite and
Montmorillonite that will shrink and swell
when dried and wetted. The type of clay
minerals in the clay-sized fraction shall be
determined by a field evaluation of moist
soil consistence or of wet soU consistence
using Soil Taxonomy, Appendix I^ which
is hereby adopted by reference in accord-
ance with G.S. 150B-14(c). Copies may
be inspected in, and copies obtained from,
the Department of Human Resources,
Division of Health Services, P.O. Box
2091, Raleigh,
NC 27602-2091.
(A) SLIGHTLY EXPANSIVE CLAY
MINERALOGY - Soils which have
loose.
very
friable, friable or firm moist
soil consistence, or have slightly sticky to
sticky or nonplastic, slightly plastic to
plastic wet soil consistence, are considered
to have predominantly 1:1 clay minerals
and shall be considered SUITABLE as to
clay mineralogy.
(Bi EXPANSIVE
CLAY MINERAL
OGY - Soils which have either ver>' firm
525
NORTH CAROLINA REGISTER
PROPOSED RULES
or extremely firm moist soil consistence,
or have either very sticky or very plastic
wet soil consistence, are considered to
have predominantly 2:1 clay minerals (in-
cluding mixed mineralogy clays) and shall
be considered UNSUITABLE as to clay
mineralogy.
(4) Organic Soils - Organic soils shall be con-
sidered UNSUITABLE.
[b] Where the site is UNSUITABLE vyith re-
spect to structure or clay mineralogy, it may be
reclassified PROVISIONALLY SUITABLE af-
ter a special investigation indicates that a modi-
fied or alternative system may be installed in
accordan ce with Rule .1956 or Rule .1957 of this
Section.
Statutory Authority G.S. l30A-335(e).
.1942 SOIL WETNESS CONDITIONS
^^^^^^ v^«4j^ ^^^^^^^^^^^^^^ 1^^^^^ ^^^^^^^r ^n^^^^^^ ^^t^ ^^L
major conoem m ovaluating 6it«& fef oowago
offluont dispooal. Ih e se are the 6e4 ar e as tt^at-
^¥« good oowage absorption rat e s during d*y
ooaoono ef the yeaf btrt foroo oo' i >'ago effluent te
the ourfaco during ^be wottor Goaoono. 44^ depth
ef the s e asonal high wat e r tabl e em* commonly
be recognized by- thos e o?(amining seii profiles.
?4»e criterion fof recognition »f high wat e r tables
te that Bf &e4 color. Subsurface horizons that a^e
i» colors ef rods, yellows, aft4 browns generally
indicat e good 8e4 a e ration aH4 drainage
throughout the y e ar. Subsurfac e horieons that
are m colors ef grey, olive »f bluish colors indi
4ttii ef greyish colors may occur as a solid mass
ef seii »f may be m mottles »f localized spots.
44*e volume ©f greyish colors ie indicative ef the
length ef time that fpee water stands m that 6e4
profile. There ate soils that have light colored
mottles which afe Fehe from the light colored
soils would ftet have high ^'otor tables, s» »«e
must distinguish between a tft*e seii composed
ef sand, siits aft4 clays, ef the feek material that
that has the greyish colors ef chroma 3 ef less
(MunsoU color chart) indicative ef high water ta-
bles, ©f is subject t^ ti4ai Bf p e riodic hi^ wat e r,
within ^ inches »f the surface, shall be consid
efe4 Unsuitable as t© drainag e . Soils whore the
s e asonally high water table is less than 48 inches
aft4 mor e than ^ inches below the naturally ©e-
curring &»ii ourfaco shall be consider e d Provi
sionally Suitable witb rospoct te seii drainage.
Soils sphere the seasonally high water tabl e is
greater than 4* inch e s bolow the naturally ee-
curring seil surfac e shall be considered Suitabl e
witb roopoot t# s^ drainag e . Where the m^i is
oonoidorod suitable as te structure a»4 t e xture,
(Soil Groupo \ a»4 14-^ an^ modifications e&R be
made t» maintain the ground water table at least
43 inchoo bolow the bottom ©f the nitrifioQtion
trench at aU timoo, such seils f»ay be reclassified
Provioionally Suitabl e as t© drainage. Drainage
oyotomo inetoUod ief ground water lowering shatt
be maintained se that a minimum separation Bi
ene fe^ ooouro between the nitrifioation tr e nch
bottom as^ the seasonally hi^ water table. ¥-Bf
Q^^^^^^^^^^^^^^ ^^^^^^j^^T^^Q ^^^^^^^ij3^^^^ C^^^^Ui ^^& f T TTiTk ' * *^ ^ i¥ri-fc4j-**»
^^^^^^^^T^^^^^B ^^^^^^^^TCcTw ^^^^^^^^^^^^^1 C^^^viT u9 pj^yrJTx^^^'VtlTTSr
lowering m subdivisions, e asomonto shall be Fe-
oonubl e ogress an4 ingress for maintonanoe.
(a) Soil wetness conditions caused by a sea-
sonal high-water table, perched water table, tidal
water, or seasonally saturated soils shall be de-
termined by observation of colors of chroma 2
or less (Munsell color chart) in mottles or a solid
mass. If drainage modifications have been made,
the soil wetness conditions may be determined
by direct observation of the water surface during
periods of typically high water elevations. How-
ever, colors of chroma 2 or less which are relic
from minerals of the parent material shall not be
considered indicative of a soil wetness condition.
Sites where soil wetness conditions are greater
than 48 inches below the naturally occurring soil
surface shall be considered SUITABL,E with re-
sF>ect to soil wetness. Sites where soil wetness
conditions are between 36 inches and 48 inches
below the naturally occurring soil surface shall
be considered PROVISIONALLY SUHABLE
with respect to soil wetness. Sites where soil
wetness conditions are less than 36 inches below
the naturally occurring soU surface shall be con-
sidered UNSUITABLE with respect to soil
wetness.
(b} Where the site is UNSUITABLE with re^
spect to soil wetness conditions, it m^X k£ re-
classified PROVISIONALLY SUITABLE after
an investigation indicates that a modified or al-
ternative system can be installed in accordance
with Rule .1956 or Rule .1957 of this Section.
Statutory Authority G.S. I30A-335(e).
.1944 RESTRICTIVE HORIZONS
R e strictiv e horizons in seils are recognized by
a seii auger. Restrictive horizons i«ay occur as
fragipans ©f if©** pons. Th e se horizons are
compact e d s©ii ©f afe comontod wit4* if©ft oxid e
wr ^^T^Twr vmx^x^^y ccncr ▼nr^r ^^i vnjTyjT ii uiii i \^^ t^t
grey. Oth e r common r e strictiv e horizons afe
ones m which materials, composed ©f orgamo
matter aH4 aluminum witb ©f without iron, have
NORTH CAROLINA REGISTER
326
PROPOSED RULES
^^^^^^^ c^^^^j ^^^^^^r ^^y ^^TT ^^^^? ^^^^^^^^ ^^^^^Ti ^^ff^T^^^^^^^^r ^^^^^^^
ticloo. Thooo horiiions afe commonly r e ferr e d {«■
a« organic hardpano. Thoy may h^ black, dork
roddish brosvn, e* p=©y » color.
Rootrictivo horiiiono U%af afe groator than throo
inchoo thick sovoroly r e strict A« mov e m e nt »f
water and so ' ■ ■ ■ 'ago ofTluont and de »^ adoquatoly
roopond te ground wat e r losvoring drainage sys-
tema. WTier e thcjo horiaons af» 1«6« than thr ee
incheo thick, they de »»*• Govoroly rootrict t4*®
mos e m e nt ef wat e r aftd oo' . v'ago offluont, fe*rt
rather indicato th« pro&onco ef » Goaoonally hi^
' . ' ■ at or tablo and after sp e cial invootigation may
be modified a« roquirod is P^ulo . I9'1i2 e4^ th»»
Section.
(a) Soils in which restrictive hori2ons are three
inches or more in thickness and at depths greater
than 48 inches below the naturally occurring soil
ground surface shall be considered SL'ITABLE
as to depth to restrictive horizons. Restrictivo
Soils in which restrictive horizons are three
inches or more in thickness and at depths be-
tween 36 inches and 48 inches shall be considered
PROVISIONALLY SUITABLE as to depth to
restrictive horizons. Rootrictivo Soils in which
restrictive horizons are three inches or more in
thickness and oncountorod at depths less than 36
mches aftd gr e ater than 4-3 inches bolow th©
ground f i uriac e shall be considered UNSUIT-
ABLE as to depth to restrictive horizons.
(b) Where the site is UNSUITABLE with re
spect to restrictive horizons, it may be reclassified
PROVISIONALLY SUITABLE after a special
investigation indicates that a modified or alter-
nati\e system can be installed in accordance with
Rules .1Q56 or .1957 of this Section.
Statutory Authority G.S. 130A-335(e).
.1946 OTHER .APPLICABLE F.ACTORS
The site evaluation should shall include consid-
eration of any other applicable factors involving
accepted public health principles, such as, but
not limited to:
(Ij The proximity of a large-capacity water-
supply well, the cone of influence of w^hich
would dictate a larger separation distance
than the minimum distance specified in Rule
.1950 of this Section:
(2) The potential public health hazard due to
e4" possible failures of soil absorption sys-
tems involving large quantities ©f oowage,
' I ' . liich when specificallv identified, would
dictate larger separation distances than the
minimums specified in Rule .1950 and Rule
.1955(m) of this Section;
(3) The potential public health hazard of pos-
sible massive failures of soil absorption sys-
tems proposed to serve large numbers of
residences, as in residential subdivisions or
mobile home parks.
(4) For sites serving systems designed to handle
over 3,000 gallons per day, which include
separate nitrification fields with individual
capacities of greater than 1500 gallons per
day, as determined in Rule .1949(a) or [b]
of this Section, sufficient site-specific data
shall be collected during the site investi-
gation to predict the height of the water ta-
ble mound that will develop beneath the
field (level sites) and the rate of lateral and
vertical flow away from the nitrification
trenches (sloping sites). Data to be collected
may include soil borings to depths greater
than 48 inches, permeability in hydraulic
conductivity measurements, water level
readings, and other information determined
to be necessary by the local health depart-
ment or the state. The site shall be consid-
ered UNSUITABLE if this data indicates
that the groundwater mound which will de-
velop beneath the site cannot be maintained
two feet or more below the bottom of the
nitrification trenches or it is determined that
effluent is likely to become exposed on the
ground surface within, or adjacent to, the
nitrification field.
.-^ Statutory Authority G.S. l30A-335(e).
.1947 DETERMINATION OF OVERALL SITE
SUITABILITY
All of the cnteria in Rules .1940 through .1946
of this Section shall be determined to be SUIT-
ABLE, PROVISIONALLY SUITABLE, or
UNSUITABLE, as indicated. If all criteria are
classified the same, that classification will prevail.
VVTiere there is a variation in classification of the
several criteria, t4*« foUc i ving shall fee used m
m along Ae os ' Orall sit© classification. ¥be the
most limiting low e st ef Ae uncorrectable char-
acteristics w+y shall be used to determine the
overall site classification.
it- fftay fee roclassified Provisionally Suitabl e
under the conditions outlinod i» P».ul e .1910
ef tfeis Section.
(-3) U tfet» sei^ texture 16 classified a^ Unsuitablo,
the ov e rall classification will fe<* Unsuitable
regardless et' the oth e r criteria unless the
provisions »f P<.ule .19 ' 1 8 {o) ei this Section
(4^ U the seii structure i* classified a* L'nsuit
able, tfe« o^'orall classification will fee kk^
327
NORTH CAROLINA REGISTER
PROPOSED RULES
other oritoria unl e ss provisions e^ Rulo
. i9 ' 18(o) e^y^ Sootion are metr
^ may b« roolaooifiod as Provisionally Suit
aM« undor (^ conditions outlined m Rulo
. 19'13 »f tfe* Section.
f^ \\Tion ^k« rostriotiv e horizon is classified
Unouitablo, '^ may be reclassified as Provi
sionally Suitable undor \^ conditions eut-
linod i» Rule .191 8 (c) ef tt»s Section.
(4) \^^lon drainag e (ground water lovol) \% y«-
suitabl e , it- may be reclassifi e d ae Provi
sionally Suitabl e und e r tke conditions
outlined tft Rulo .1913 ^f ^^ Section.
Statutory Authority G.S. /30A-335.
.1948 SITE CLASSIFICATION
(c) Sites originally classifi e d as Unsuitable Rftay
be us e d fof emJ absorption disposal systems,
provided engineering, hydrogeologio, aH4 seii
studios indicat e t» th« local health doportmont
tbat a suitable soptio taitk system er a suitable
alternat e system ea» reasonably be oxpectod te
function satisfactorily. Such sites may be roclas
sified as Provisionally Suitable upon submission
to tbe local health department and when fe-
quosted by tbe local health department t» tbe
state agency e( tbe following: Sites classified
UNSUITABLE have severe limitations for the
installation and use of a properly functioning
ground absorption sewage treatment and disposal
system. An improvement permit shall not be
issued for a site which is classified as UNSUIT-
whcre a site is UNSUTT-
may be reclassified
ABLE. However,
ABLE,
it
PROVISIONALLY SUITABLE if a special in-
vestigation indicates that a modified or alterna-
tive system can be installed in accordance with
Rules .1956 or .1957 of this Section.
(4-^ adequate substantiating dato to indicate
Aat a ground absorption system 6«» be
installed se^ that the effluent >m^ receive
adequate treatment;
(^ adequate substantiating data to indicate
tbat the effluent wili Be4- contaminat e any
drinking watop supply, ground water Hsed
fof drinlcing water, »f attf surface wat e r;
(^ adequat e substantiating dat* to indicat e
tb€kt- tbe effluent wtli «*♦*• be OKposod »»
the ground surface Bf be discharged to
surface waters whore it' could como in
contact witb pooplo, animals, ef vectors.
Statutory Authority G.S. /30A-335(e).
.1949 SEWAGE FLOW RATES FOR DESIGN
UNITS
(b) Table No. I shall be used to determine the
minimum design daily flow of sewage that are
minimums required for us» in calculating the de-
sign volume of septie tanks a»4 tbe dest^ ea-
paoity ef nitrification fields sanitary sewage
systems to serve selected types of establishments.
The minimum design volume of sewage from any
establishment shall be 100 gallons per day. De-
sign of sewage treatment and disposal systems for
estabhshments not identified in this Rule shall
be determined using available flow data, water-
using fixtures, occupancy or operation patterns,
and other measured data.
TABLE NO. I
TYPE OF
ESTABLISHMENT
DAILY Fl,OW FOR
DESIGN
Airports 5 gal/passenger
(Also R.R. stations,
bus terminals— not
including food service
facilities)
Barber Shops 50 gal/chair
Bars, Cocktail Lounges
(Not including
food ser\'ice) 20 gal/seat
Beauty Shops
(Style Shops) 125 gal/chair
Bowling i\ll e yH Lanes 50 gal/lane
Businesses (other than
those Usted elsewhe re
in this table)
Camps
Construction or
Work Camps
25 gal/employee
60 gal/person
40 gal/person
(with chemical
toilets)
60 gal/person
100 440gal/campsite
Summer Camps
Campgrounds With
Comfort Station
(Without water and
sewer hookups)
Travel Trailer / Recreational
Vehicle Park
(With water and
sewer hookups) 120 gal /space
Churches (Not includmg
a Kitchen, Eood
Service facility. Day
Care or Camp) 3 gal /seat
Churches (With a Kitchen
but, not including a
Food Service Facility,
Day Care, or
NORTH CAROLINA REGISTER
328
PROPOSED RULES
Camp)
Country' Clubs
Ro '- idont ML ' mberG
5 gal/seat
20 2al member
h^ gal rooidont
mt'mbor
Nonr e iiid e nt MombLTS ^ galperf i on
Day Care I'acilities
Factories (Exclusive of
industrial waste)
Add for showers
Food Scnice Facilities
15 gal person
25 gal/person/shift
10 gal, person/shift
Restaurants
40 2al seat or
40 aal .1 5 square
ft
24-hour Restaurant
of dinma area
(\\hiche\-er is greater)
75 gal seat
Food Stands
( 1] I'er 100 square feet
of food stand floor
space
(2) Add per food
cmplo\ec
Other Food Scr\ice
50 aal
25 2al
lacilities
5 aal meal
Hospitals
300 gal, bed
Marinas
10 gal boat slip
With bathhouse
30 gal boat slip
Meat Markets
(1) Per lOO square f
of market floor
■Si
space
50 ijal
(2) Add per market
employee
Motels Hotels
25 eal
120 aal room
With cooking
facihties
175 gal room
Offices (per shift)
Residential Care
25 gal'person
Facilities
60 gal/person
Rei.tuurants
•V^ ual r.oat ef
44) gal 15 i.quaro
ft
&f dining aw* fw
rl«e)*-
Rest Homes and
Nursing Homes
With laundr>'
120 gal, bed
Without laundr\-
60 gal, bed
Schools
Day Schools
With cafeteria, gym
and showers
15 gal student
With cafeteria only
12 aal student
With neither cafeteria
nor showers
10 gal student
Boarding Schools
60 gal person
Ser^'ice Stations
250 gal 'water
closet or unnal
24-hour Sen,ice
Stations
325 cal water clo
SCt
Stores, .Malls,
Shopping Centers
(Exclusive of food
ser\'ice and meat
markets)
Stadium, Auditorium,
Theater, Drive-in
Swimming Pools, Spas.
and Bathhouses
Trav e l Trailer Parks
3^ gal /1 000 squaro ft
120 gal/ 1000 square
ft of retail sales area
5 gal/seat or space
10 gal/person
+50 gal;opaco
(c) An adjusted design daily sewage flow may
be granted bv the local health department upon
a showing as specified below that a sewage sys-
tem is adequate to meet actual daily water con-
sumption from a facility included in Rule
.1949(b) of this Section.
(1) Documented data from that facility or a
comparable facility justifying a flow rate
reduction shall be submitted to the state
and Ae local health department. The
submitted data shall consist of at least 12
previous consecutive monthly total water
consumption readings and at least 30
consecutive daily total water consumption
readings. The daily readmgs shall be
taken during a projected normal or above
normal p e ak sewage flow month. A
peakina factor shall be derised bv di\'idina
the highest monthh' flow as indicated
from the 12 monthl> readings bv the sum
of the 30 consecuti\e daily uater con-
sumption readings. The adjusted design
daily sewage flow shall be determined by
taking the numerical average of the great-
est ten percent of the daily readings tfea*
fett within Ae upper 40 percent &f tfee
daily readings ' ■ 'I'h e n ranked ift dosconding
ord e r, and multiphing by the peaking
factor. Further ad|ustmcnts shall be made
in design sewage flow rate used for sizing
nitnfication fields and pretreatment sys-
tems when the sampled or projected
wastewater characteristics exceed those of
domestic sewage, such as wastewater from
restaurants or meat markets.
121
An adiusted dail\' sewage flow rate may
be granted contingent upon use of ex-
treme water-conser\ing fixtures, such as
toilets which use 1.5 gallons per flush or
less, spnng-loaded faucets with flow rates
of one gallon per minute or less, and
showcrheads whh flow rates of two gal-
lons per minute or less. The amount of
sewage flow rate reduction shall be deter-
mined by the state and local health de-
partments based upon the t\pe ot fixtures
329
NORTH CAROLINA REGISTER
PROPOSED RULES
and documentation of the amount of flow
reduction to be expected from the pro-
posed facility. Adjusted daily flow rates
based upon use of water-conserving fix-
tures shall apply only to design capacity
requirements of dosing and distribution
systems and nitrification fields. Minimum
pretreatment capacities shall be deter-
mined by the design flow rate of Table I
of this Rule.
Statutory Authority G.S. l30A-335(e).
.1950 LOCATION OF SANITARY SEWAGE
SYSTEMS
(a) Every ground absorption sanitary sewage
treatment and disposal system shall be located at
least the minimum horizontal distance from the
following:
(1) Any private water supply source, includ-
ing any well or spring — 100 feet;
(2) Any public water supply source — 100
feet;
(3) Streams classified as A-« - 5Q WS-1 -_2_
100 feet;
(4) Waters classified as S.A. -- 100 feet (from
normal high ti4e mark) from mean high
water mark;
(5) Other coastal waters -- 50 feet from mean
higli water mark;
(6)f^ Any othor stream, canal, marsh, ef
coastal waters or other surface waters —
50 feet;
(7)f6^ Any Class I or Class II impounded
reservoir used as a source of drinking wa-
ter -- 100 feet (from normal h*^ wator
yft») from normal pool elevation;
(8)f^ Any other lake or impoundment — 50
feet (from normal high water lino) from
normal pool elevation;
(9)f^ Any building foundation — 5 feet;
{W0} Any basement - 15 feet;
(ll) fW» Any property line - 10 feet;
(12) f444 Top of slope of embankments or cuts
of 2 feet or more vertical height — 15 feet;
(13)(4a^ Any water line - 10 feet;
(14) f4-^ Drainage Systems:
(A) Interceptor drains and foundation
drains -- 10 feet upslope, J_5 feet sideslope,
and 25 feet downslope;
(B) Groundwater lowering ditches and de-
vices surface drainage ditohoo -- 25 feet;
(C) Surface water diversions -- 10 feet;
(15) (44^ Any swimming pool ^ fee* -j^ ]_5 feet;
(16) f4-^ Any other nitrification field (except
repair area) — 20 feet;
(^ Nitrification fo« f«»y b« instaUod i» fill
ground whoro at feast »fte feet Bi naturally e«-
ourring setl fe prooent ¥4tl» Suitable er Provi
oionaUy Suitabfe eeil charaoteriBtioo wttb roopoot
\» tOKturo, structure, osA drainag e a» required by
thes e Ruleo aA4 fe spooifioally approved by tlte
state ef loool h e alth dopartmont. i\roal fiH must
be installed suoh (bat there i# a minimum s e pa
any seil horiaon witb unsuitable soil choraotor
a»4 tbe or e ol e xtent ef fill shall be approved by
shall hav e ouch setl toxturo t» be olassifiod a»
iUUuiv MU^B^U ^^U^^L ^^^U3^_ ^Ub fffri f4. t \j-^n,m^ ' 1 T-, ,-^^r^
OQZT^Tj t\J\A±Hj LKUI^Tf II^IXIII ^ ^^T ETC^n^X^T Cmn^^T "tTWJWy
r.hnll bA t^ rnin a£ tho i4li fitfiil mi ft \\\(\ ^— ^'-»^-""i ^^ii
at tbe intorfaoo e^tbe tw» soils.
(b) (e^ Ground absorption sewage treatment
and disposal systems (4^ sbaU Bet be installed in
sites where the s e asonal bi^ wat e r is within B«e
(3) may be located closer than 100 feet from a
private water supply, except springs and uncased
wells located downslope and used as a source of
drinking water, for repairs, space limitations, and
other site-planning considerations but shall be
located the maximum feasible distance and in no
case less than 50 feet.
(c) (4) Septic taftk syst e ms Nitrification fields
and repair areas shall not be located under paved
areas or dri^'eways. areas subject to vehicular
traffic. If effluent is to be conveyed under areas
subject to vehicular traffic, ductile Gast iron or
other suitable pipe i»»y be permitted te con^' e y
tbe effluent under a driveway er other pav e d
areas, shall be used.
(d) In addition to the requirements of Para-
graph (a) of this Rule, sites to be used for sub-
surface disposal for design units with flows over
3,000 gallons per day, which include separate
nitrification fields with individual capacities of
greater than 1500 gallons per day, as determined
in Rule .1949(a) or (b} of this Section, shaU be
located at least the minimum horizontal distance
from the following:
(1) Any Class I or H impounded reservoir
used as a source of drinking water, or any
public water supply source utilizing a
shallow (under 50 feet) groundwater
aquifer -j^ 500 feet;
(2) Any other public water supply source
utilizing an unconfined aquifer -- 200 feet;
(3) Any private water supply source utilizing
an unconfined aquifer -^ 100 feet;
(4) Waters classified as SA ^^ 200 feet from
mean high water mark;
(5) Any waters classified as WS-I - 200 feet;
(6) Any surface waters classified as WS-II,
WS-III. B, or SB - 100 feet; and
(7) Any property line -- 25 feet.
NORTH CAROLINA REGISTER
330
PROPOSED RULES
(e) Collection sewers, force mains, and supp] v
lines shall be located at least the minimum hor'-
/ontal distance from the foliowine:
ill
An\' public or private water suppl y
source, including wells, springs, and Class
I^ or Class II impounded reservoirs used
as a source of drinking water -j_ 100 feet,
unless constructed of leakproof pipe, such
as cast iron pipe with leaded or mechan-
ical joints, m which case the minimum
setback ma> be reduced to 50 feet from a
public water supply source and 25 feet
from a private water supply source;
/Vnv waters classified as WS-I^ WS-II,
[2) Anv
WS-III. SA. or SB - 50 feet,
unless constructed of similar leakproof
pipe, in which case the minimum setback
mav be reduced to J_0 feet;
(3) Any other stream, canal, marsh, coastal
waters, lakes and other impoundments,
or other surface waters -j_ K) feet;
(4) Anv basement -- 10 feet;
(5) i\n\ property line -- 5 feet;
(6) Top of slope of embankments or cuts of
two feet or more vertical height -j_ J_0 feet;
(7) Drainage Systems:
(A) Interceptor drams, storm drains, and
surface water diversions ^ 5 feet;
(B) Ciround-water lowenng and surface
drainage ditches ^ J_0 feet:
(8) Anv swimming pool ^ Jj] feet;
(9) /'Vn\' other nitrification field -j_ 5 feet.
(f) Sewer lines may cross a water Une if IS
inches clear separation distance is maintained,
with the sewer line passing under the water line.
When conditions prevent an 18-inch clear sepa-
ration from being maintained or whene\'cr it is
necessary for the water line to cross under the
sewer, both the water line and sewer shaU be
constructed of ferrous materials with mechanical
joints equi\alent to water main standards for a
distance of at least ten feet on each side of the
point of crossing, with full sections of pipe cen-
tered at the point of crossing.
(g) Sewer lines may cross a storm drain if 12
inches clear separation distance is maintained
unless the seucr is of cast iron pipe or encased in
concrete or cast iron pipe for at least fi\'e feet on
either side of the crossing.
(h) Sewer lines mav cross a stream if at least
three feet of stable co\er can be maintained or
the sewer line is of cast iron pipe or encased in
concrete or cast iron pipe for at least ten feet on
either side of the crossing and fulh protected
against the nomial range of high and low water
conditions, including the 100-vear fiood wa\e
chore d for at least ten feet on either side of the
crossing. Force mains and supply lines must be
r:Gl^:ted from freezing.
(i) Treatment systems, including septic tanks,
lift stations, wastewater treatment plants, and
sand filters, shall not be located in areas subject
to frequent flooding (areas inundated at a ten-
year or less frequency) unless specially designed
:■ nd ; .istalled to be completely watertight and to
remai n fully operable during a ten-year storm.
Mechanical or electrical components or treat-
ment systems must be above the 100-year flood
level or otherwise adequately protected against a
lOO-year flood.
Statutory Authority G.S. /30A-335(e).
.1952 SEPTIC TANK: DOSING TANK AND
LIFT STATION DESIGN
(a) A septic tank or dosing tank shall
be
action. .Areal crossings shall be bv cast iron pipe
with mechanical joints and pipe must be aiv
watertight, structurally sound, and not subject to
excessive corrosion or decay. Septic tanks shall
be of two-compartment design. The inlet com-
partment of a two-compartment tank shall h»
hold between tw o-thirds and three-fourths of the
total tank capacity. A properly designed dosing
siphon or pump shall be used for dischargmg
sewage effluent into nitrification lines when the
total length of such lines exceeds 750 Linear feet
in a single system and as required for any
pressure-dosed system. When the design daily
flow from a single system exceeds 3,000 gallons
per day or when the total length of nitnfication
lines exceeds 2.000 linear feet in a .single system,
alternating siphons or pumps shall be used which
shall discharge to separate nitrification fields.
The dose volume Discharg e s from pump or si-
phon systems shall be of such design so as to fill
the nitrification lines from 60 66 percent to 75
percent of their capacity at each discharge ef ex-
cept as required for low- pressure distribution
systems. The discharge rate Discharges from
pump dosing systems shall be designed to maxi-
mize the distribution of the effluent throughout
the syst e m, nitrification field. Septic tanks in-
stalled where the top will be deeper than 30
mches below the fmished grade shall have an ac-
cess manhole, with cover, extending to within 4-3
six inches of the fmished grade, having a mini-
mum opening adequate to accommodate the in-
stallation or removal of the septic tank lid. Any
system serving a design unit with a design sew'age
flow greater than 3,000 gallons per day shall have
access manholes over each compartment, and the
outlet sanitari tee, which extend at least to fm-
ished grade for inspection and maintenance.
Pump ef dosing chambers shaU hav e aft aoceos
manhol e having a minunum diomotor e( ^
331
NORTH CAROLINA REGISTER
PROPOSED RULES
inohoo oxtondtng » niinimum ef 6H( inohoo abovo
ik» finifthod grade. Syphon dos i ng ohomb g ro
skaU be dofiignod in aooordanoo wttk (h« mini
mum dooo roquiromento m tbis Rule. Efflu e nt
pump ohombore ^bati moot (b» oonotruotion i>»-
quiromonto b^ ^^ S e ction an4 ohall hav e » mifi-
imum liquid oapaoity oquivolont (e tb« septte
(d»k liquid capacity required ii% tbt» Rule. All
ofTluont pump ohamboro dosing tanks shall have
a properly functioning high-water alarm. i«-
pump. The alarm shall be audible or visible by
system users and weatherproof if installed out-
doors. The alarm circuit shall be provided with
a manual disconnect in a watertight, corrosion-
resistant outside enclosure (Nl MA 4X or equiv-
alent) adjacent to the dosing tank.
(b) Minimum liquid capacities for septic tanks
shall be in accordance with the following:
(1) Residential Septic Tanks (for each indi-
vidual residence or dwelling unit):
Number of
Bedrooms
3 or less
4
5
Minimum Liquid
Capacity
JS^ gallons
900 gallons
1 ,000 gallons
1 ,250 gallons
Equivalent Capacity
Per Bedroom
¥}^ gallono
300 gallons
250 gallons
250 gallons
Thoi i o figuroo provido fe* Hse of garbag e
grindt'ro, automatic clothoo waohors, em^
othor houoohold applianocFj.
(2) Septic tanks for large residences, multiple
dwelling units, or places of business or
public assembly shall be in accordance
with the following:
(A) The minimum liquid capacity of septic
tanks for places of business or places of
public assembly with a design sewage flow
of 600 gallons per day or less shall be de-
termined in accordance with the follow-
ing: V = 2Q; where V is the Uquid
capacity of the septic tank and Q is the
design daily sewage flow.
(B) Individual residences with more than
five bedrooms, multiple-family residences,
individual septic tank systems serving two
or more residences, or any place of busi-
ness or public assembly where the design
sewage flow is greater than 600 gallons per
day, but less than 1,500 gallons per day,
the liquid capacity of the septic tank shall
be designed in accordance with the fol-
lowing: V = 1.17Q + 5(X); wheit V is
the liquid capacity of the septic tank and
Q is the design daily sewage flow. The
minimum liquid capacity of a septic tank
serving two or more residences shall be
1,500 gallons.
(C) Where the design sewage flow is be-
tween 1,500 gallons per day and 4,500
gallons per day, ef groator, the liquid ca-
pacity of the septic tank shall be designed
in accordance with the following: V =
0.75Q + 1,125; where V is the liquid ca-
pacity of the septic tank and Q is the de-
sign daily sewage flow.
(D) Where the design sewage flow exceeds
4,500 gallons per day, the septic tank shall
be designed in accordance with the fol-
lowing: V ^ Q^ where V is the hquid ca-
pacity of the septic tank and Q is the
design daily sewage flow.
(3) 1 he minimum capacity of any septic tank
sf e flluont pHf«p chamber shall be 750
gallons.
(c) The following are minimum standards of
design and construction of pump tanks and[
pump dosing systems:
(1) Pump tanks shall have a minimum Uquid
capacity in accordance with the following:
(A) Pump tanks for systems with
nitrification fields installed in Soil Group
L IL 21 ill soils, as defined in these rules,
shall have a miiiimum liquid capacity
equal to two-thirds of the required septic
tank hquid capacity.
(B) Pump tanks for systems installed in
Group IV soils shall have a minimum
liquid capacity equal to the required septic
tank Uquid capacity.
(C) Ihe minimum liquid capacity of any
pump tank shall be 750 gallons. The liq-
uid capacity of a pump tank shall be con-
sidered as the entire internal volume with
no additional allowance for freeboard.
(D) An ahemate method to determine
minimum hquid capacity of a pump tank
shall provide for the minimum pump
submergence requirement, the minimum
does volume requirement, and the mini-
mum emergency storage capacity require-
ment. Fmergency storage capacity
requirement is determined based on the
type of facihty served, the classification of
surface waters which would be impacted
by a pump tank failure, and the availabil-
ity of standby power devices and emer-
NORTH CAROLINA REGISTER
332
PROPOSED RULES
scncy maintenance personnel. The
emorscncy storage capacity shall be the
freeboard space in the pump tank above
the hiph-water alarm activation level and
may also include the available freeboard
space in previous tankage and in the col-
lection system below the lowest connected
buildins drain invert . Minimum emer-
gency storage capacity requirement for
residential systems and other systems in
full-time use oil sites draming into WS-I,
WS-II, WS-III, SA, SB, and B waters
means 24 hours, without standby power
or _12 hours with standby power manually
activated, or four hours with standby
power automatically activated or with a
high-water alarm automaticaUv contacting
a 24-hour maintenance service. Mini-
mum emergency storage capacity require-
ment for systems not in full-time use and
for all systems at sites draining into aU
other surface waters shall be 12 hours
without standby power, or eiglit hours
with standby power manually activated,
or four hours with standby power auto-
matically activated or with a high-water
alann automatically contacting a 24-hour
maintenance service.
([:') Notwithstanding Paragraphs (c) (1)
(.\)-(D), other criteria for pump tank ca-
pacity may be appro\'ed by the state and
local health department for raw sewage hft
stations, pressure sewer systems, and sys-
tems with design flows exceeding 3,000
gallons per day.
(2) '{'he effluent pump shall be capable of
handling 3\ least one-half inch solids and
designed to meet the discharge rate and
total dynamic head requirements of the
effluent distnbution system. I'hc pump
shall be listed by lJnder\sriter's I.abora-
01
tor\' or an equivalent third party electrical
testing and listing agency.
i^ump discharge piping shall be of Sched-
ule 40 PV(' or stronger material and ade-
quately secured. Fittings and valves shall
be of compatible corrosion-resistant ma-
tenal. A threaded union, flange, or similar
disconnect device shall be provided in
each pump discharge line and corrosion-
resistant rope or chain attached to each
pump enabling pump removal from the
.ground surface without requiring devva-
tering or entrance into the tank. Vah'cs
shall also be readily accessible from the
ground surtace.
til
151
invert elevation of the distribution system
is below the high-water alarm elevation in
the pump tank, or in accordance with
pump manufacturer's specifications.
Check valves shall be provided when the
volume of the supply line is greater than
25 percent of the dosing volume, or in
accordance with pump manufacturer's
specifications. Ulien provided, the anti-
siphon hole shall be located between the
pump and the check valve.
Sealed mercury control floats or similar
devices designed for detecting liquid levels
in septic tank elTluent shall be provided to
control pump cycles. A separate level
sensing device shall be provided to acti-
vate the high-water alarm. Pump-off level
shall be set to keep the pump submerged
at all times or in accordance with the
manufacturer's specifications. A mini-
mum of 12 inches of effluent s hall be
pump
maintained in the bottom of the
tank. The high-water alarm float shall be
set to activate within six inches of the
float
(61
level.
The
lag pump
shaU be located
pump-on
switch, where provided,
at or above the high-water alarm acti-
vation level.
Pump and control circuits shall be pro-
vided with manual circuit disconnects
within a watertight, corrosion-resistant,
outside enclosure (NT: MA 4X or equiv-
alent) adjacent to the pump tank, securely
mounted at least 12 inches abo\'e the fm-
ished grade. The pump(s) shaU be man-
ually operable without requiring the use
of special tools or entrance into the tank
for testing purposes. (Conductors shall be
conveyed to the disconnect enclosure
through waterproof gasproof and
corrosion -resistant conduits, with no
splices or junction boxes provided inside
the tank. Wire grips, duct seal, or other
suitable material shaU be used to seal
around wire and wire conduit openings
inside the pump tank and disconnect en-
closure.
(7) l-or systems requiring duplex and muhi-
lex pumps, a control panel shall be pro-
Antisiphon holes (three-sixteenth inch)
shall be provided when the discharge or
vided which shall include short circuit
protection for each pump and for the
control system, independent disconnects,
automatic pump sequencer, hand-off-
automatic (H-O-A) switches, run lights,
and elapsed time counters for each pump.
Alarm circuits shall be supplied ahead of
any pump overload or short circuit pro-
tective devices. The control panel must
333
NORTH CAROLINA REGISTER
PROPOSED RULES
(81
121
tdl
ill
be in a watertight, corrosion-resistant en-
closure (NEMA 4X or equivalent) unless
installed within a weathertight building.
The panel shall be protected from intense
solar heating.
Dual and multiple fields shall be inde-
pendently dosed by separate pumps and
their supply lines shall be "H" connected
to permit manual alternation between
fields dosed by each pump. "H" con-
nection valving shall be readily accessible
from the ground surface, either from the
pump tank access manhole or in a sepa-
rate valve chamber outside the pump
tank.
The pump tank shall have a properly
functioning high-water alarm. The alarm
circuit shall be supplied ahead of any
pump overload and short circuit protec-
tive devices. The alarm shall be audible
and visible by system users and
weatherproof if installed outdoors in an
enclosure (NFMA 4X or equivalent).
Siphons and siphon dosing tanks may be
used when at least two feet of elevation drop can
be maintained between the siphon outlet invert
and the inlet invert in the nitrification field dis-
tribution system.
Siphon dosing tanks shall be designed in
accordance with the minimum dose re-
quirements in this Rule and shall meet the
construction requirements of this Section.
The siphon dose tank shall provide at
least 12 inches of freeboard, and the inlet
pipe shall be at least three inches above
the siphon trip level. The high-water
alarm shall be set to activate within two
inches of the siphon trip level.
Siphon dosing tanks shall have a
watertight access opening over each si-
phon with a minimum diameter of 24
inches and extending a minimum of six
inches above finished grade.
The slope and size of the siphon discharge
line shall be sufficient to handle the peak
siphon discharge by gravity flow without
the discharge line flowing fuU. Vents for
the discharge lines shall be located outside
of the dosing tank or otherwise designed
to not serve as an overflow for the tank.
All siphon parts shall be installed in ac-
cordance with the manufacturer's specifi-
cations. All materials must be
corrosion-resistant, of cast iron, high den-
sity plastic, fiberglass, stainless steel, or
equal.
Siphon dosing tanks shall have a properly
functioning high-water alarm that is audi-
(2}
01
(dl
151
ble and visible by system users and
weatherproof if installed outdoors in an
enclosure (NEMA 4X or equivalent),
(e) Raw sewage liltstations shall meet the
construction standards of this Section and all
horizontal setback requirements for sewage
treatment and disposal systems in accordance
with Rule ■1950(a) of this Section unless the sta-
tion is a sealed, watertight chamber, in which
case the setback requirements for collection sew-
ers in Rule .1950(e) of this Section shall apply.
Sealed, watertight chambers shall be of a single,
prefabricated unit, such as fiberglass, with sealed
top cover, and preformed inlet and outlet pipe
openings connected with solvent wells, O-ring
seals, rubber boots, stainless steel straps, or
equivalent. Dual pumps shall be provided for
stations serving two or more buildings or for a
facility with more than six water closets. Pumps
shall be listed by Underwriter's Laboratories or
an equivalent third party electrical testing and
listing agency, and shall be grinder pumps or
solids-handling pumps capable of handling at
least three-inch spheres unless the station serves
no more than a single water closet, lavatory, and
shower, in which case two-inch solids handling
pumps shall be acceptable. Minimum pump
capacity shall be 2.5 times the average daily flow
rate. The dosing volume shall be set so that the
pump-off time does not exceed 30 minutes, ex-
cept for stations serving single buildings, and
pump run-time shall be from three to ten min-
utes at average flow. Pump station emergency
storage capacity and total hquid capacity shall be
determined in accordance with Paragraph
(c)(r)(D) of this Rule except for a sealed,
watertight chamber serving an individual build-
ing, in which case a minimum storage capacity
of eight hours shall be required. All other ap-
plicable requirements for pump tanks and pump
dosing systems in accordance with Paragraph (c)
of this Rule shall also apply to raw sewage lift
stations.
Statutory Authority G.S. l30A-335(e).
.1953 PREFABRICATED SEPTIC TANKS
AND PUMP TANKS
When prefabricated concrete tanks or tanks of
other material are used, they shall be constructed
in accordance with the plans which have been
approved by the State Doportmont ef Human
Rooouroco and shall comply with all require-
ments of this Section. Throo At least three
complete sets of plans and specifications for the
design of the prefabricated septic tank shall be
submitted to the Environmental Health Section,
Division of Health Services, P.O. Box 2091,
NORTH CAROLINA REGISTER
334
PROPOSED RULES
Raleigh, North Carolina 27602-2091. Plans and
specifications for each septic tank or pump tank
to be produced shall be submitted separately to
the Division of Health Services for approval.
These plans and specifications shall show the
design of the septic tank in detail, including:
(1) All pertinent dimensions;
(2) Reinforcement material and location;
(3) Material strength;
(4) Liquid depth;
(5) Clconout pro viniono, Joint material and
method of sealing;
(6) Access manhole and riser detail;
(7)f^ Other design features.
Statutory' Authority G.S. l30A-335(e).
.1954 MINIMUM STANDARDS FOR PRECAST
REINFORCED CONCRETE TANKS
(a) The following are minimum standards of
design and construction of precast reinforced
concrete septic tanks:
(4) There shall be three inlet openings in the
tank, one on the tank end and one on
each sidcu all of the inlet end of the tank.
The blockouts for these openings shall
leave a concrete thickness of not less than
one inch in the tank wall. The blockouts
shall be made for a minimum of four-inch
pipe or a maximum of six-inch pipe. No
blockouts or openings shall be permitted
below the tank liquid le\el.
(6) The outlet shall be a cast-in-place con-
crete samtar)^ tee, a pol>Tin\l chloride
(PVC) sanitary- tee, or a polyethylene
(PE) sanitary tee, made of not less than
class 160 pipe or equivalent fittings and
pipe. Class 160 pipe shall have a wall
thickness of not less than 0.183 inches.
The cast-in-place concrete sanitary tee
shall have a minimum thickness of not
less than two inches. The tee shall extend
down one-fourth of the liquid depth. The
tee shall be furnished bv the manufacturer.
The in\ert of the outlet shall be at least
two inches lower in elevation than the in-
vert of the inlet.
(9) The tank shall be reinforced by using a
minimum reinforcing of six-inch by six-
inch No. 10 gage welded steel reinforcing
wire in the top, bottom ends, and sides of
the tank. The reinforcing wire shall be
lapped at least six inches. ¥b« teftk- \%f*
mui . t tn* aWe te withr . tand a uniform
loading ef 440 pound * : , pt* s quare? foot.
W additional reinforcing j* required te ae-
compli ^i h tiw^r i4- is the rt ' L . pont . ibility e4^tiM»
manufacturer Ve- int i tall tfee added rein
forcing. Reinforcement shall be placed to
provide a maximum amount of concrete
cover. The tank shall be able to with-
stand a uniform live loading of 150
pounds per square foot in addition to all
loads to which an underground tank is
normally subjected. These include the
dead weight of the concrete and soil cover,
active soil pressure on tank walls, and the
uplifting force of the ground water.
(11) A minimum wft4 product strength ef 3,000
pounds f^f squoTQ m^ shall b# <Me4 m
^rt» construction b^ a s e ptic tanlt. ¥)^
strength ef 3,000 pounds pet squaro m^
n^^^^f ^^^1^^ C^^^Ui ^"^ i-u-i It .1 H 11 ■«*t-...-» 1 f\ w~^i~t.wi-^nwi t
1 1 1 U JT 1 lU » ^ t-'W'II I ^.^U XJll ^,^J TT I II UJ I T^T ^^CT^'^^'CT^
£^- ^^JO ^^^^^^^^ «^^^ J'.-i 1 1 -^ j-g trx i~-W r^w~t .^ f- t j-\ * Vi ^
trr ZTTT^T pT"CTX¥TT^rTT VJ\JS LKJ UU.1 \J lllUIl T^r^^TT CT^ TT^^
tank's b e ing romovod from tb« plac e ef
manufactur e . A minimum 28-day con-
crete compressive strength of 4,000
pounds per square inch shall be used in
the construction of the septic tank. The
concrete must achieve a minimum
compressive strength of 2.700 pounds per
square inch prior to removal of the tank
from the place of manufacture. It shall
be the responsibility of the manufacturer
to certify that this condition has been met
prior to shipment. A septic tank shall be
subject to testing to ascertain the strength
of the concrete prior to its being approved
for installation. Recognized devices for
testing the strength of concrete include a
properly calibrated Schmidt Rebound
Hammer or Windsor Probe Test. Accel-
erated curing in the mold by use of
propane gas or other fuels is prohibited,
except in accordance with accepted meth-
ods and upon prior approval of the divi-
sion of health services.
(12) i^ftor curing, tanks manufactur e d t» Hve
sections shall b« joined a»4 s<?aled at- \^
joint by A« manufacturer, ef by tfe» i»-
stollor, by using a mastic sealant Bf pliabl e
sealant *!»*■ is both waterproof aft4 oorro
sie» resistant. After curing, tanks manu-
factured in two sections shall be joined
and sealed at the joint by using a mastic,
butyl rubber, or other pliable sealant that
is waterproof, corrosion-resistant, and ap-
proved for use in septic tanks. The
sealant shall have a minimum size of one
inch nominal diameter or equi\alent.
Before sealing, the joint shall be smooth,
intact, and free of all deleterious sub-
stances. Tank halves shall be properly
ah.gned to ensure a tight seal. The sealant
shall be provided b}_ the manufacturer.
i35
NORTH CAROLINA REGISTER
PROPOSED RULES
(13) All tanks produced shall bear an imprint
identifying the manufacturer, the serial
number assigned to the manufacturer's
plans and specifications approval by the
division of health services, and the hquid
or working capacity of the tank. This
imprint shall be located to the right of the
blockout made for the outlet pipe on the
outlet end of the tank. All tanks shall also
be permanently marked with the date of
manufacture adjacent to the tank imprint.
(b) Pump tanks shall meet the construction
requirements of Paragraph (a) of this Rule with
the following modifications.
(1) Tanks shall be cast with a single com-
partment, or, if a partition is provided, the
partition shall be cast to contain a mini-
mum of two four-inch diameter circular
openings, or equivalent, located 12 inches
above the tank bottom.
12)
m
There shall be no requirement as to tank
length, width, or shape, provided the tank
satisfies all other requirements of this
Section.
The invert of the inlet openings shall be
located within 12 inches of the tank top.
No freeboard shall be required in the
pump tank.
(4) After joining, tanks manufactured in two
sections shall be plastered along the joint,
both inside and outside, with hydraulic
cement, cement mortar, or other
waterproofing sealant. Prior to backfill-
ing, the local health department shall
make a finding that a two section tank is
watertight if a soil wetness condition is
present within five feet of the elevation of
the top of the tank.
(5) Tank shall be vented and accessible for
routine maintenance. A waterproof ac-
cess manhole with removable lid shall be
provided over the pump with a minimum
diameter of 24 inches and extending a
minimum of six inches above finished
grade. 1 arger or multiple manholes shall
be provided when two or more pumps are
required. Pumps shall be removable
without requiring entrance into the tank.
Manhole lids and electrical controls shall
be secured against unauthorized access.
Manhole riser shall be joined to tank top
by means of tongue-in-groove or compa-
rable type joint. The joint shall be sealed
in accordance with Paragraphs (a)(12) and
(b)(4) of this Rule.
(6) All pump tanks shall bear an imprint
identifying the manufacturer, pump tank
serial number assigned by the Division of
Health Services, and the liquid or working
capacity of the tank. The imprint shall
be located to the left of ^ outlet
blockout. All tcinks shall also be perma-
nently marked with the date of manufac-
ture adiacent to the tank imprint.
(c) (fe) Plans for prefabncated tanks, other than
those for precast reinforced concrete tanks, shall
be approved on an individual basis as determined
by the information furnished by the designer
which indicates the tank will provide equivalent
effectiveness as those designed in accordance with
the provisions of Rul e il951(a). Paragraphs (a)
and (b) of this Rule.
(d) (©) Soptio Tanks other than approved pre-
fabricated tanks shall be constructed consistent
with the provisions of this Rule except as fol-
lows:
(1) Cast-in-place concrete septic and pump
tanks shall have a minimum wall thick-
ness of six inches.
(2) Concrete block or brick ooptio masonry
tanks shall have a minimum wall thick-
ness of at least six inches when the design
volume is less than 1,000 gallons and a
minimum wall thickness of at least eight
inches when the design volume is 1,000
gallons or more. All joints between
masonry units shall be mortared using
masonry cement mortar or equivalent.
The joints shall have a nominal thickness
of three-eighths inch. All concrete block
masonry tanks shall have a minimum wall
reinforcement of number three reinforcing
bars
The
spacing in either direction shall be four
feet. All ooptio tanks constructed of block
or brick shall be plastered on the inside
with a 1:3 mix (one part cement, three
parts sand) of Portland cement at least
three-eighths inch thick or the equivalent
using other approved water-proofing ma-
terial.
(3) The bottom of the built-in-place e e ptio
tank shall be poured concrete with a
minimum thickness of four inches. All
built-in-place tanks shall be reinforced to
satisfy the structural strength requirements
of Paragraph (a)(9) of this Rule. Re-
inforcement shall be placed in both di-
rections throughout the entire tank,
including top, bottom, walls, and ends.
Statutory Authority G.S. l30A-335(e).
.1955 DESIGN CRITERIA FOR
CONVENTIONAL SEWAGE SYSTEMS
^ 0-inch centers, or equivalent.
allowable reinforcement
on
maximum
NORTH CAROLINA REGISTER
336
PROPOSED RULES
(a) Convuntional Soptio TanU Syst e ms. Con-
ventional septic tank systems shall utilize a septic
tank of aJcquato approved construction and de-
sign volume which provides primary treatment
of the sewage in accordance with the provisions
of these rules, which provido!) primary troatmont
ef Ae sowago. The etTluent from the septic tank
shall be conveyed flows by gra^'ity to an ap-
proved nitrification line where the soil provides
for final treatment and disposal of the sewage.
(b) Table 11 shall be used in determining the
maximum long-term acceptance application rate
for septic tank systems of conventional trench
design. The long-term acceptance rate shall be
based on the most hydraulically limiting naturally
occurring soil horizon within three feet of the
ground surface or to a depth of one foot below
trench bottom, whiche\er is deeper.
SOIL GROUP
II
III
IV
*V»
TABLt NOtII
SOIL TCXTLRAL CLASSES
(LSDA CLASSIFICATION)
Sands
(With S
or PS
structure
and clay
rmncralo.gy)
Sand
Loamy Sand
(With S
or PS
structure
and clay
mineralogy)
Fine Loams
(With S
or PS
structure
and clay
mineralogy)
Clays
(With S
or PS
structure
and clay
mineralogy)
( Kaolinitc
Y-jt }^ PS-
structuro)
Loam
Sandy Clay
I^am
Silt Loam
Clay Loam
Silty Clay
Loam
Silt
Sandv
^ --I r-t /-I t r I 1 --n f
iV-h
(montmoril
Mixed
Minoralog>')
Sandy Clay
g;ii.. r'l^.,
Gla¥
APPLICAT I ON R;\TE
LONG-TERM ACCEPLANCE RATE
Coarse Loams Sandy Loam j—^
The long-term acceptance rate shall not exceed
the mean rate for the applicable soil group for
food service facilities, meat markets, and other
places of business where accumulation of grease
can cause premature failure of a soil absorption
system. Application rates up to the maximum
for the applicable soil group may be permitted
for facilities where data from comparable facihties
indicates that the grease and oil content of the
etYluent will be less than 30 mg/1 and the chemi-
cal oxygen demand (COD) will be less than 500
mg/l.
(c) 1ft calculating tbe number ef square feet ©f
area need e d fo* tfe« nitrification fiel4 » trench
oyf i tom, t4*e maximum tranch width uood » Ae
calculations shall be ^ inches. The design daily
sewage flow shall be divided by the long-term
acceptance rate to determine the minimum area
of nitrification trench bottom. The total length
of the nitrification line shall be determined by
dividing the required area of nitrification trench
bottom by the trench \\idth, not to exceed 36
inches. 1 renches shaU be located not less than
three times the trench width on centers with a
minimum spacing of five feet on centers.
(d) The local health department may permit
the use of a bed system on sites where the soil
texture can be classified into either Soil Groups
I, 11, or III, meeting essentially the other re-
quirements of this Section, and only on lots
which are limited by topography, space, or other
site-planning considerations. In such cases, the
number of square feet of bottom area needed
shall be increased by 50 percent over what would
be required for a trench system. Nitrification
337
NORTH CAROLINA REGISTER
PROPOSED RULES
lines shall be at least 18 inches from the side of
the bed and shall have lines on three-foot centers.
When the design daily flow volumo »f cowago
exceeds 600 gallons per day, adoquato opaoo ehall
be provid e d ^ aooonunodat e et trench oyotom fef
tfee nitnfication fit'ld. bed systems shall not be
used.
(e) The pipe or tubing used between the septic
tank and the nitrification line shall be a minimum
of four-inch nominal size Schedule 40 polyvinyl
chloride (PVC), polyethylene (PE), or
acrylonitrile-butadiene-styrene (ABS) or equiv-
alent with a minimum fall of one-eighth inch per
foot. Where an effluent distribution device is
used between the septic tank and nitrification
line, the pipe or tubing shall be a minimum of
three-inch nominal size Schedule 40 polyvinyl
chloride (PVC), polyethylene (PE), or
acr\lonitrile-butadiene-styrene (ABS) or equiv-
alent. However, three fo«f -inch or greater non-
perforated polyethylene (PE) corrugated tubing
may be substituted for Schedule 40 pipe between
the distribution device and the nitrification line
if the following conditions are met:
(1) the trench has a minimum bottom width
of one foot;
(2) the trench bed is compacted, smooth, and
at a uniform grade;
(3) the pipe is placed in the middle of the
trench with a minimum of three inches of
clearance between the pipe and the trench
walls;
(4) crushed stone or gravel envelope is placed
in the trench on both sides of the pipe and
up to a point at least two inches above the
top of the pipe;
(5) a minimum of six inches of soil cover is
placed and compacted over the gravel en-
velope; and
(6) earthen dams consisting of two feet of
undisturbed or compacted soil are placed
at both ends of the trench separating the
trench from the distribution device and
the nitrification line.
All joints from the septic tank to the nitrification
line shall be watertight.
(f) When four or six-inch diameter corrugated
plastic tubing is used for nitrification lines, it shall
be certified as complying with ASTM F 405,
Standard Specification for Corrugated
Polyethylene (PF) lubing and Fittings, which is
hercbv adopted by reference in accordance with
G.S. 150B- 14(c). applicablo AST.M Dtandardo.
The corrugated tubing shall have three rows of
holes, each hole between one-half inch and
three-fourths inch in diameter, and spaced
longitudinally approximately four inches on cen-
ters. The rows of holes may be equally spaced
120 degrees on centers around the periphery, or
three rows may be located in the lower portion
of the tubing, the outside rows being approxi-
mately on 120-degree centers. Other types of
piF>e may be used for nitrification lines provided
the pipe satisfies the requirements of this Section
for hole size and spacing and the pipe has a
stiffness equivalent to corrugated polyethylene
tubing (ASTM F-405) or stronger. The
nitrification line shall be located in the center df
the nitnfication trench.
(g) Nitrification trenches shall be constructed
as level as possible but in no case shall the fall in
a single trench bottom exceed one-fourth inch in
10 feet as determined by an engineer's level or
equivalent. When surface slopes are greater than
two percent, the bottom of the nitrification
trenches shall foUow the contour of the ground.
An engineer's level or equivalent shall be used for
installation and inspection. The nitrification
trench shall not exceed a width of three feet and
a depth of three feet, except as approved by the
local health department.
(h) Rock used in soil absorption systems shall
be clean, washed gravel or crushed stone and
graded or sized in accordance with size numbers
3, 4, 5, 57, or 6 of ASTM D-448 (standard sizes
of coarse aggregate) which is hereby adopted by
reference in accordance with G.S. 150B-14(c).
Copies may be inspected in, and copies obtained
from the Division of Health Ser%ices, P.O. Box
2091, Raleigh, North Carolma 27602-2091. be-
tween thr ee fourths mek to twe a»4 ono half
inches. The rock shall be placed a minimum of
one foot deep with at least six inches below the
pipe and two inches over the pipe and distributed
uniformly across the trench bottom and over the
pipe.
(i) The soil cover over the nitrification field
shall be to a depth of at least six inches. The
finished grade over the nitrification field shall be
landscaped to prevent the ponding of surface
water and runoff of surface water shall be di-
verted away from the nitrification field. Soil
cover above the original grade shall be placed at
a uniform depth over the entire nitrification field,
except as required to prevent the ponding of
surface water, and shall extend laterally beyond
the nitrification trench five feet. The soil cover
shall be placed over a nitrification field only after
proper preparation of the original ground surface.
The type of soil cover and placement shall be
approved by the local health department.
(i) Effluent distribution devices, including dis-
tribution boxes, flow dividers, and flow diversion
devices, shall be of sound construction,
watertight, not subject to excessive corrosion,
and of adequate design as approved by the local
NORTH CAROLINA REGISTER
338
PROPOSED RULES
health department. Effluent distribution devices
shall be separated from the septic tank and
nitrification lines by a minimum of two feet of
undisturbed or compacted soil and shall be
placed level on a solid foundation of soil or con-
crete to prevent differential settlement of the de-
vice. The installer shall demonstrate that the
distribution devices perform as designed.
(k) Grease traps or grease interceptors shall be
required at certain plac e s &f businoas, including
rer . tuurant ' j food scr\'ice facilities, aft4 meat mar-
kets, and other places of business where the ac-
cumulation of grease can cause premature failure
of a soil absorption system. Specially dooignod
grcaoe intorcoptoro may b» uood ift l«*» el" groase
traps vs'h e r e ri- h** boon domoniitratod tliat- th e y
will provid e equal e* improved performance.
The following design criteria shall be met:
( 1) The grease trap shall be plumbed to re^
ceive all wastes associated with food han-
dling and no toilet wastes;
121
Idl
The grease trap liquid capacity shall be
sufficient to provide for at least five gal-
lons of storage per meal ser\'ed per day,
at least two-thirds of the required septic
tank liquid capacity, or determined in ac^
cordance with the following:
IC =D xGLxST X HR 2x LF
where l.C
= grease trap liquid
capacity (gallons)
= number of seats in
D
GL = gallons of wastewater
dining area
per meal ( 1.5 single-
ser\ice; 2.5 full
service
ST
HR
LF
- storage capacity
factor = 2.5
- number of hours open
- loading factor
^(1. 25 interstate highway
1.0 other highways and
recreational areas
= Q.S secondary' roads)
(3) Two or more chambers must be provided,
with total len,gth-to-widlh ratio at least
2:1. Chamber opening and outlet sanitary
tec must extend down at^ least 50 percent
of the liquid depth.
Access manholes extending at least to the
ground suriace must be provided over
each chamber and sanitar\ tee and must
have readilv remo\able co\ers to facilitate
inspection and grease removal.
(5) One tank or multiple tanks, in series, may
be used, constructed in accordance with
Rules .1952, .1953, and .1954 of this Sec-
tion, including the specified modifications
m this Rule.
Specially designed grease interceptors may
also be used where it has been demon-
(61
strated that they will provide improved
performance. The grease trap liquid ca-
pacity may be reduced by up to 50 percent
when grease interceptors are used in addi-
tion to grease traps.
(1) Stepdowns or drop boxes may be used
where it is determined by the local health de-
partment that topography prohibits the place-
ment of nitrification trenches on level grade.
Stepdowns shall be constructed of two linear feet
of undisturbed soil and constructed to a the
height level V¥i4l* tbe tep of the upper upstream
portion of the nitrification line. Effluent shall
be conveyed over the stepdown through nonper-
forated pipe or tubing and backfilled with com-
pacted soil. Drop boxes shall be constructed so
that the invert of the inlet supply pipe is one inch
above the Ln\ ert of the outlet supply pipe which
is connected to the next lower drop box. The
top of the trench outlet laterals, which allow
effluent to move to the nitrification lines, shall
be two inches below the invert of the outlet sup-
pi) line. U i* r e commended y*a^ drop box e s b©
designed te close eff tl+e trench outlets te provide
fef periods ef r e sting wh e n th« nitrification
tr e nch becomes saturated. Area taken up by
stepdowns and drop boxes shall not be included
as part of the minimum area required for
nitrification trench bottoms.
(m) Nitrification trenches shall be installed with
at least one foot of naturally occurring sod be-
tween the trench bottom and saprolite, rock, or
any soil horizon unsuitable as to texture, struc-
ture, setl consistence &f drainage, clay mineral-
ogy or wetness.
(n) If sewage effluent pumps are used, the ap-
phcable requirements of Rule .1952 of this Sec-
tion shall apply.
(o) Collection sewers shall be designed and
constructed in accordance with the following
minimum criteria:
Oi
to the (21
Building drains and building sewers shall
be in accordance with the state plumbing
code and approved by the local building
inspector.
Pipe material shall be specified to comply
with the applicable ASTM standards, with
methods of joining and other special in-
stallation procedures specified which are
appropriate for the pipe to be used.
339
NORTH CAROLINA REGISTER
PROPOSED RULES
(3) Gravity sewers shall be designed to main-
tain scour velocities of at least two feet per
second with the pipe half full and a mini-
mum of one foot per second at the peak
projected instantaneous flow rate. Force
mains shall be sized to obtain at least a
two-foot per second scour velocity at the
projected pump operating flow rate.
(4) Infiltration and exfiltration shall not ex-
ceed 1 00 gallons per day per inch diameter
per mile of gravity sewer pipe or 20 gal-
lons per day per inch diameter ger mile
of pressure pipe in force mains and supply
lines.
(5) Three-foot minimum cover shall be pro
(6)
vided for all sewers unless ferrous material
pipe is specified. Ferrous material pit>e
or other pipe with proper bedding to de-
velop design-supporting strength shall be
provided where sewers are subject to
traffic-bearing loads.
Manholes shall be used for eight-inch or
larger sewers at anv bends, junctions, and
at least every 425 feet along the sewer
lines. Drop manholes are required where
the inlet to outlet elevation difference ex-
ceeds 2.5 feet. Manhole lids shall be
watertight below the lOO-year flood ele-
vation, within 100 feet of any public or
private water
50 feet of
supply source, and within
oi any
surface waters classified
WS-I. WS-11, WS-lIl, SA. SB, or B.
(7) Cleanouts may be used in four-inch and
six-inch sewers instead of manholes.
Cleanouts are required at least every' 50
feet for four-inch sewers and every 100
feet for six-inch sewers and at all junctions
and bends which exceed 45 degrees.
(8) Additional ventilation provisions may be
required for collection sewers. The need
for air relief vahes shall be evaluated at
all high points along force mains.
(p) Alternating dual field nitrification systems
may be utilized where soils are limited by high
clogging potentials (Soil Groups HI and IV) and
where the potential for malfunction and need for
immediate repair is required. Alternating dual
nitrification fields shall be designed with two
complete nitrification fields, each sized a mini-
mum of 75 percent of the total area required for
a single field and separated by an effluent flow
diversion valve. The diversion valve shall be
constructed to resist 500 pounds crushing
strength, structurally sound, and shall be resistant
to corrosion. Valves placed below ground level
shall be provided with a valve box and suitable
valve stem so that it may be operated from the
ground surface.
Statutory Authority G.S. J30A-335(e).
.1956 MODIFICATIONS TO SEPTIC TANK
SYSTEMS
The following are Posoiblo modifications to
convontional septic tank systems which may be
utilized to overcome selected soil and site lirnita-
tions. a»4 must be approved by ^ft» looal h e alth
dopartmont inoludo tbe foUowing: Except as re-
quired in this Rule, the provisions for design and
installation of Rule .1955 of this Section shall
apply:
(1) Shallow plaoomont &( nitrification tronchoo
Shan b» utilis e d whoro ineuflioiont dopth te
Boaoonally high, ef porohod, water table ef
where inoufliuiont eeii dopth prevontD tbe
plac e ment ef oon^'ontionaJ nitrification bftee
m aocordonoo with this Section. Sites clas-
sified IJNSUn ABLE as to soil depth or soil
wetness may be reclassified as PROVI-
SIONALLY SUITABLE with respect to
soil depth or soil wetness conditions by uti-
lizing shallow placement of nitrification
trenches in the naturally occurring soil.
Shallow trenches may be used where at least
24 inches of naturally occurring soil are
present above saprolite, rock, or soil wetness
conditions and all other factors are PROVI-
SIONALLY SUITABLE or SUITABLE.
Shallow trenches shall be designed and con-
structed to provide at least one foot of ««-
tural naturally occurring soil separation
between the trench bottom and tfee upp e r
moot elevation #f tbe s e aoonally high, st
perched, watet table a»4 any soil wetness
condition, saprolite, rock, or any soil hori-
zon unsuitable as to structure or clay min-
ercJogy. Soil cover above the original grade
shall be placed at a uniform depth over the
entire nitrification field and extend laterally
beyond the nitrification trench five feet. The
soil cover shall be placed over a nitrification
field only after proper preparation of the or-
iginal ground surface. The type of soil cover
implacement shall be approved by the local
health department.
(2) lAJtomating 4ua^ 6el4 nitrification syotomo
may be utilijied where seik are limit e d by
hi^ clogging potentials (seii groupo lU aft4
tV) afi4 whoro tbe potential fof malfunction
a»4 need f^f immediate repair k required.
iMtomating 4iiei field nitrification syst e ms
shall be designed with twe complete
nitrification fields, each siged a minimum &(
^ percent ef tbe total area required fef a
diversion valve. ^Fbe diversion valve shall
NORTH CAROLINA REGISTER
340
PROPOSED RULES
otronutli. Litructurally nound, a«4 rosiotant te
J ' J A T-T - .-V L- 1 r~i w-t \ ' .\\\ iL^ir t^^^^^^^A 1^^^^^^^ Q^^^^ii^^i ^^^^^^
^^TTTTTTTT^TTTt T UI T \J\^ 1 'lUV^TJ L'VIV^ TT CJ T-TTJ I lU IV T VI
^j^^^^l ^^^i t^^^^^^^^^^^^^l ^^^^^j^ ^ ^^^^^^^^ ^^^^^^ ^^^^^ ^^^^^^^
o^TCTTT l,^, rTTTT^^^^^r ^TTT^T CT ^^tTT^ ^^^^W CD^^T ^^^^^^
afete val' i 'L" iitom se Airt' k- may b« oporatod
from th« ground ourfaco. Sites classified
UNSlirABLIi as to soil wetness condi-
tions or restrictive horizons may be reclassi-
fied PRX)VISIONAU^ SUTABl^
soil wetness conditions or restrictive hori-
zons when:
(a) soils are Soil Groups I or H with SUIT-
AOLF structure, and clay mineralogy;
(b) restricti\e horizons, if present, are less than
three inches thick or less than 12 inches
from the soil surface;
(c) modifications can be made to maintain the
water table at least 12 mches below the
bottom of the nitnfication trench at all
times and when
provisions are made for
maintenance of the drainage systems;
(d) easements are recorded and have adequate
uidth for egress and ingress for mainte-
nance of drainage systems serving two or
more lots;
(e) maintenance of the drainage system is
made a condition of any permit issued for
the use or operation of a sanitary sewage
s\ stem: and
(f) drainage maN' be used in other types of soil
when the requirements of Rule .1957(c)
in this Section are met.
(4) Sites classified as UNSUITABLE as to soil
wetness conditions because of the presence
of lateral water movement may be reclassi-
fied FROVISIONAI rV sun ABLE as to
soil wetness conditions when such water is
intercepted and diverted to prevent satu-
ration of the soil absorption system.
(5) Stable slopes greater than 30 percent may
be reclassified as PROVlSiONAILY
sun ABI L when:
(a) the soil characteristics can be classified as
SUllABl H or PROVISIONALLY
SUn.\BLL t_o a depth of at^ least one foot
below the bottom of the nitrification
trench at the upslope side of the trench;
(b) surface water runoff is di\erted around the
nitrification field if neccssar\' to prevent
scounng or erosion of the soil over the
field: and
(c) the finished grade over the nitrification
filed site is returned to the original topog-
raph\' and adequately seeded.
(4i [6] Sites classified UNSUITABLE as to soil
depth, with saprolite present, may be reclas-
sified PROVISIONALLY SUITABLE as
to soil depth when the provisions of this
Paragraph are met.
(a) An investigation of the site using pits or
trenches at locations and to depths speci-
fied by the local health department shall
be conducted. The following physical
properties and characteristics must be
present:
(vi) the saprolite shall have no continuous
joints or fractures relic of parent rock to
a depth two feet below the proposed
trench bottom.
(b) Table III shall be used in determining the
long-term acceptance rate for septic tank
systems installed pursuant to Paragraph
f^ (6). The long-term acceptance rate
shall be based on the most hydrauUcaUy
limiting, naturally occurring saprolite to a
depth of two feet below trench bottom.
SAPROLITE
GROUP
II
TABLE III
SAPROLITE
TEXTLRAL CLASSES
Sand
Loamy Sand
Sandy Loam
Loam
(d)
Sands
Coarse
Loams
(with less
than 20
percent clay)
LONG TER.VI
ACCEPTANCE RATE
GPD FT2
0.6-0.5
0.5 - 0.4
0.4 - 0.3
0.3 -©.aoj.
If a low pressure pipe system is used, the
long term acceptance rate in Table III
shall be reduced bv one-half and the sys-
tem shall be designed in accordance with
Rule .1957(a) of this Section, except that
Para.graphs (a)(2)(B) and (a)(3) shaU not
apply. Saprohte textural classifications
shall be determined from disturbed mate-
rials and determined by Rule .1941(1).
The local health department may require
low-pressure distribution in conventional
nitrification trenches, or other modifica-
tions to provide adequate effluent treat-
ment and disposal.
The nitrification field shall be constructed
using nitrification trenches with a maxi-
mum width of tliree feet and a maximum
.Ul
NORTH CAROLINA REGISTER
PROPOSED RULES
(e)
depth of two feet e» at the downslope side
of the nitrification trench. The bottom
of a nitrification trench shall be a mini-
mum of two feet above rock or saprolite
that does not meet the requirements of
Paragraph (4)(a) of this Rule. However,
where SUITABLE or PROVI-
SIONALLY SUITABLE soil underlies
the trench bottom, this separation dis-
tance may be reduced by subtracting the
actual soil depth beneath the trench bot-
tom from 24 inches to establish the mini-
mum separation distance from the trench
bottom to rock.
The bottom of any nitrification trench
shall be a minimum of two feet above any
wetness condition.
Statutory Authority G.S. /30A-335(e).
.1957 DESIGN CRITERIA FOR DESIGN OF
ALTERNATIVE SEWAGE SYSTEMS
(a) Lo' i ' i ' pracGur e pip© (LPP) oyotem.
LOW-PRESSURE PIPE SYSTEMS: A Low-
pressure (two te four foot proosuro head) pipe
(LPP) oyotom systems with a two to five-foot
pressure head may be utilized on sites which are
SUITABLE or PROVISIONALLY SUIT-
ABLE for conventional or modified systems and
on sites where soil and site conditions prohibit
the installation of a conventional or modified
Cf>1-»tir* f QTllr C\7Ctf*m J^* ■'•* * f^ * 1^^:* r^w-m^ 1-i.w^ i~,/-k /^t f\i .-> 11 j-n»r
seil oonditiono, ooaoonally high water tabl e con
ditiono, a«4 slow seil pormoabi feyr if the re-
quirements of this Paragraph are met.
(1) The LPP system shall consist of the fol-
lowing basic components;
(A) a network of small-diameter ( 4- meh te
3 one to two inches) perforated PVC 160
psi pipe or equivalent placed in natural
naturally occurring soil at shallow depths
(generally 6 inchoo te 12 to j^ inches) in
narrow trenches not less than 6 eight
inches in width and spaced not less than
five feet on center. Trenches shall include
at least six inches of stone or gravel below
the pipe and two inches above the pipe;
and four inches of soil cover.
(B) a properly designed, two -compartment
septic tank or other approved pretreat-
ment system and a pumping or dosing
tank;
(C) a» approvod submersible effluent pump
(s) with appropriate on-off controls for
controlled dosing and a high-water alarm,
or other approved pressure dosing and
distribution system;
(2)
(D) a watertight supply manifold pipe, of
Schedule 40 PVC or equivalent, for con-
veying effluent from the pw»^ dosing
chamber to the low-pressure network.
The soil and site criteria for low-pressure
pipe systems shaU meet the following
minimum requirements:
(A) LPP nitrification fields shall not be in-
stalled on slopes in excess of ten percent
ItPP nitrifioation &eM% Hwiy b» instollod
e» olopoo groator t)MH% M poroont btrt re-
quiro unless special design procedures to
assure proper distribution of effluent over
the nitrification field are approved-
Landscaping of the LPP distribution field
shall be constructed to shed rainwater or
runoff^. All other requirements of Rule
.1940 of this Section shall be met.
te toKtur e , otruoturo,
determined in accordance
1956
(B) Thoro shall b» e^ leas( Site suitability for
an LPP system shall be based on the first
24 inches of o e poration botwoon soil be-
neath the naturally occurring soil surface.
aH4 rook, water impeding formatioft ? eF
depth inches shall consist of euitabl e
SUITABLE or provisionally suitabl e
PROVISIONALLY SUITABLE soil
with resp e ct
drainage, as _
with Rules .1941 through .1944 and
of this Section.
(C) Components e# the LLP shall ne^ be
locat e d i» depressions er ar e as subjeot te
frequ e nt flooding. Surfac e water, porohod
water movement shall be interoopted ef
I nn rr:.^„i ^u„^„ „f «u., i ni> A:„t^u..t:^„
^s^^^F^ F^smr onwpv ^^r ^^w ^s^^^^ ot^w^^^^^^tt^^tt
(©} Location of the septic tank, other ap-
proved pretreatment unit, pumping or
dosing chamber, and the LPP nitrification
field jft cubjoot te tt»e same horiaontol set-
backs Gpocified i» Rule .195Q(a). shall be
in accordance with Rule .1950 of this
Section. Horizontal distances from the
fcPli nitrification field shall be measured
from a margin two and one-half feet be-
yond the lateral and manifold pipes.
I 111 ^^^^ ^^ji ^^an^ ij^j^k ^^ o^ ^^^^^i f^^^^^^x u^ tu^m
te tlie LPP distribution (4el4 area (plus ft
twe aft4 one half feet margin beyond tet-
eral em^ manifold pipes) ftH4 mooting ftU
^^y^^«- ^^^^1 r^^^\ ^^^^1 ^j-^^^«-^i ^^^j^^L I^A tUhL AAWlA
^^^^^^PT ^^^^v CK^^^T ^^^^a ^^^r^^^nTv* ^^Rd^x ^^^7 ^^^T C^7^^^^7
fefft roplacomont field.
{¥) There shall be no soil disturbance of the
te ft» approv e d site or repair area for an
NORTH CAROLINA REGISTER
342
PROPOSED RULES
(3)
LPP system except the minimum required
for installation.
iVpplication ratoo. Table H+ IV shall be
used in determinirig the maximum appli
oation long-term acceptance rate for low
prosDur e p*f>e LPP systems. The
long-term acceptance rate shall be based
on the most hydraulicaUy limiting, na-
turally occumng soil horizon within two
feet of the ground surface or to a depth
of one foot below the trench bottom,
whichever is deeper.
TABLE NOrW
TABLE IV
SOIL TFXTLR.AL CLASSES
(LSDA CLASSIFICATION)
SOIL GROLP
II
Sands Sand
(With S Loamy Sand
or PS ~
structure
and clay
mmeralogrs")
Coarse Loams Sandy Loam
(With S Loam
orPS "
structure
and clav
mineralogN')
III Fine Loams Sandy Clay
(With S Loam
or PS Silt Loam
structure Clay Loam
and clav Silty Clay
mineralogy-) Loam
Silt
rV'a Clays Sandv Clay
(With S Silty Clay
or PS ~ Clay
structure
and clav
mineralo.g\')
i\PPLICATIO> . R.\TE
LONG-TERM ACCEPTANCE R.ATE
gpd ft 2
0.6 - 0.4
0.4 - 0.3
0.3 -&a 0.15
(4)
0.2- 0^4- 0.05
The long-term acceptance rate shall not
exceed the mean rate for the applicable
soil group for food service facilities, meat
markets-, and other places of business
where accumulation of grease can cause
premature failure of a soil absorption sys-
tem. Application rates up to the maxi-
mum for the applicable soil group may
be pennitted for facilities where data from
comparable facilities indicates that the
grease and oil content of the effluent will
be less than 30 mg 1 and the chemical ox-
ygen demand (COD) will be less than 500
mg 1.
In calculating the number of square feet
for the nitrification field, the design sew-
age flow shall be divided by the appli ca
tie» long-term acceptance rate from Table
III. S*« nitrification lift©* sb a M ka¥» a
minimum spacing ef fi¥« feet' »» contoro.
In calculating the minimum length of
trenches in the LPP system, the total
footage of the nitrification
square _ _
shall be divided bv five feet.
field
(5) Docign ef tfe© trPP 4»li comply ¥4tb fte-
coptod practic e s aft4 be cpocificaUy ap-
pro' i 'iid by Ae local hoolth depart mont.
Low-pressure svstems must be designed
for uniform distribution of effiuent. The
trenches shall be le\el and parallel to the
ground ele\ation contours.
(A) The maximum lateral length shall yield
no more than a ten-percent difference in
discharge rate between the first and last
hole along the lateral.
(B) Minimum hole size shall be 5 32-inch
for at least two -thirds of the field lateral
Smaller holes (no less
lines
than
1 8-inch) may be used in no more than
one-third of the lateral lines where neces-
sary to balance flow distribution on slop-
ing sites except for restaurants,
foodstands, and meat markets and other
establishments in \shich high clogging
potential is encountered.
(C) Maximum hole spacing shall be as fol-
lows: Soil Group 1, five feet; Soil Group
IL six feet; Soil Group III, eight feet; and
Soil Group IV, ten feet.
(D) The following design provisions are re-
quired for sloping sites:
(i2 Separately valved manifolds are re-
quired for all subfield segments where
the elevation difference between the
highest and lowest laterals exceeds three
feet.
54i
NORTH CAROLINA REGISTER
PROPOSED RULES
(u) To accomplish this, the hole spacing,
hole size or both must be adjusted to
compensate for relative head difTerences
between laterals brandling off a com-
mon supply manifold and to compen-
sate for the bottom Imes receiving more
effluent at the beginning and end of a
dosing cycle. The lateral network sheJl
be designed to achieve a ten to 30 per-
cent liigher steady state (pipe full) flow
rate into the upper lines, relative to the
lower lines, depending on the amount
of elevation difference.
(iii) Maximum elevation difference be-
tween the highest and lowest laterals in
a field shall not exceed ten feet unless
the flow is hydraulically split between
subficld segments without requiring si-
multaneous adjustment of multiple
valves.
(E) Turnups shall be provided at the ends
of each lateral, constructed of Schedule 40
PVC pipe or equivalent, and protected
with sleeves of larger diameter pipe (six
inches or greater). Turnups and sleeves
shall be cut off and capped at or above the
ground surface, designed to be protected
from damage, and easily accessible.
(F) The supply manifold shall be sized large
enough relative to the size and number of
laterals served so that friction losses and
differential entry losses along the manifold
do not result in more than a \5^ percent
variation in discharge rate between the
first and last laterals.
(i) The ratio of the supply manifold in-
side cross sectional area to the sum of
the inside cross sectional areas of the
laterals served shall exceed 0.7:1.
(ii) The reduction between the manifold
and connecting laterals shall be made
directly off the manifold using reducing
tees,
(iii) Cleanouts to the ground surface shall
be installed at the ends of the supply
manifold.
(G) Gate valves shall be provided for pres-
sure adjustment at the fields whenever the
supply line exceeds 100 feet in length.
Valves shall be readily accessible from the
ground surface and adequately protected
in valve boxes.
(6) Septic tanks and effluent dosing tanks shall
be provided pursuant to Rule .1952 of this
Section.
(A) Design flow rate shall be based upon
delivering two feet to five feet of static
pressure head at the distal end of all lateral
lines.
(B) Dose volume shall be between five and
ten times the liquid capacity of the lateral
pipe dosed, plus the liquid capacity of the
portions of manifold and supply lines
which drain between doses.
(b) Alternative Gyctome oth e r lke» tke lew-
preoouro ^t^ oyotom fhe^ h» approved by tite
local health deportm e nt m aooordonco with Rule
.19 . 1 8 (0). FILL SYSTEM: A ffU system
(m-
cluding new and existing fill) is a system in which
all or part of the nitrification trench(es) is in-
stalled in fill material. A fill system, including
an existing fill site, may be approved where soil
and site conditions prohibit the installation of a
conventional or modified septic tank system if
the requirements of this Paragraph are met.
(1) New fill systems may be installed on sites
where at least the first 18 inches, as deter-
mined from the naturally occurring soil
surface, consists of suitable soil, and or-
ganic soils, restrictive horizons, saprolite
or rock are not encountered. Further, no
soil wetness condition shall exist within
the first 12 inches as determined from the
naturally occurring soil surface. The fol-
lowing requirements shall be met:
(A) Nitrification trenches shall be installed
with at least 24 inches separating the
trench bottom and any soil horizon un-
suitable as to soil structure, clay mineral-
ogy, organic soil, rock or saprolite.
(B) Nitrification trenches shall be installed
with at least 18 inches separating the
trench bottom and any soil wetness con-
dition. The separation requirement for
soil wetness conditions may be met with
the use of a groundwater lowering system
only in Group I (sand, loamy sand) soils.
(C) Fill systems shall be installed onJ^ on
sites with uniform slopes less than 15
percent. Surface water diversions and
subsurface interceptor drains or swales
may be required upslope of the fill system.
(D) The long-term acceptance rate shall be
based on the most hydraulically limiting
soil horizon within 24 inches of the na-
turally occurring soil surface. The lowest
long-term acceptance rate for the applica-
ble soil group shall be used for systems
installed pursuant to this Rule. The
long-term acceptance rate shall not exceed
0.8 gallons per day for gravity distribution
or OA gallons per day for low-pressure
pipe systems.
(E) If the new fill system uses low-pressure
pipe distribution, all the requirements of
NORTH CAROLINA REGISTER
344
PROPOSED RULES
Parauaph (a) of this Rule, except Para-
>rraph (a)(2)(l)), shall apply. Systems with
a dcsiLm daily flow ucater than 480 gal-
k)ns per day shall use low-pressure pipe
distribution.
(1-) 1 ill inatcnal shall have such soil texture
to be classified as sand or loamy sand
(Soil Ciroup ]i u£ l£ lll£ top of the
nitnlication trenches. Ihc final six inches
of till used to cover the system shall have
a finer texture (Cjroup H. Ill, or IV) for
the estahlishment of a \'egetative cover.
The fill matcnal shall have no more than
ten percent by volume of fibrous organics,
building rubble, or other debris. The fill
shall not ha\e discreet la\'ers containing
greater than 35 percent of shell fragments.
(G) Where fill matcnal is added, the fill
matcnal and the existing soil shall be
mixed to a depth of si^ inches below the
interface 1 lea\'\' \egetati\e co\er or or^
game litter shall be remo\ed before the
additional till matenal is incorporated.
(H) Ihe fill system shall be constructed as
an elongated benn with the long axis par-
allel to the ground ele\ation contours of
the slope .
inches or greater below the existing
ground surface.
(D) "I he system installed on a site pursuant
to this Rule shall use low-pressure pipe
distribution and meet all the requirements
of Paragraph (a) of this Rule, except
(a)(2)(B). Ihe long-term acceptance rate
shall not exceed 0.4 gallons per day per
square foot. Nitnfication trenches shall
be installed with at least 24 inches sepa-
rating the trench bottom and any soil
wetness condition.
(F) The a\ailable space requirements of
Rule .1945(a) and (b) shall apply.
[F} Only a single sanitary sewage system
with a design flow of 480 gallons per day
or less shall be appro\ed on a lot or tract
of land pursuant to this Rule.
(3) Other systems mav be installed in fill if the
requirements of I'aragraph (c) of this Rule
are met.
(c) A site classified as IJNSLITABI F which
cannot be appro\ed for a s\stem in accordance
with Rule .1956, and Paragraphs (a) or (b| of this
Rule may be used for a ground absorption sew-
age treatment and disposal system if wntten
documentation, including engmeering.
(I) Ihe side slope of the fill shall not exceed hydrogeologic. geologic, or soil studies, indicates
a nse to run ratio of 1:4.
(.1) The c^utside edge of the nitrification
trench shall be located at least \'\\c teet
to the local health department that the proposed
system can reasonably be expected \o_ function
satisfactonly. Such sites ma\ be reclassified as
honzontallv from the IO£ (M the side PROVISIONAl L t' Sill API F if the local
lope. health department determines that the adequate
substantiating data indicates that:
( 1 ) a ground absorption system can be in-
stalled so that the ctTluent will receive ad-
(K) Ihe fill system shall be shaped to shed
surface water and shall be stahili/ed with
a \egetati\e co\er against erosion.
(F) 1 he setback requirements shall be
measured from the projected toe of a 1:4
side slope.
(2) An existing fill site may be utili/ed for a
sanitar\' sewage s\stem if the following
requirements are met:
(.\) Substantiating data are provided by the
lot (nvner (jf not readily a\'ailable to the
local health department ) indicating that
the hi] matcnal was placed on the site
pnor to July _[_, V^TL
(B) The fill matenal shall ha\'e such soil
texture to be classified as sand or loamy
sand (Group l| for a depth of at least 48
inches below the existing ground siirlace.
1 he fill matenal shall ha\e no more than
ten percent by \olume of fibrous organics,
building nibble, or other debris. Ihe fill
shall not ha'.e discreet la\ers containing
greater than 35 percent o\_ shell fragments.
(C) Soil wetness conditicms. as determined
bv Rule .1942(a) in this Section, are 36
equate treatment;
(2) the effluent will not contaminate ground
water or surface water; and
(3) the effluent will not be exposed on the
ground surface or be discharged to surface
waters where it_ could come in contact
with people, animals, or \cc1ors.
The state shall re\iew the substantiating data if
requested bv the local health department.
Staluturj' Authority G.S. J30A-335(e).
.1958 NON-GROLND ABSORPTION SEWAGE
TREATMENT S^ STEMS
(b) Holding tanks shall not be considered as
an acceptable sewage treatment and disposal sys-
tem and their use is prohibited, except as pro-
\ided in Table V in Rule .1961 of this Section.
(e) Chcmicul toilcti i &h+*H b^ w^e4 temporarily
t*+f mar . f i guthenngr f . con i' truction rat e; !, e* other
placcT i «*f bur . in e' iG »f public a ii i r ombly fof non
pormanent tK(^ Properly managed chemical or
345
NORTH CAROLINA REGISTER
PROPOSED RULES
portable toilets for human waste may be used at
mass gatherings, construction sites, and labor
work camps. Chemical or portable toilets pro-
posed for use at a labor work camp shall have an
operation permit from the local health depart-
ment upon a showing by the owner or controller
that the chemical or portable toilet shall be
maintained in a sanitary condition. Chemical or
portable toilets shall have a watertight waste re-
ceptacle constructed of nonabsorbent, acid re-
sistant, noncorrosive material. The chemical or
portable toilet waste collected shall be discharged
into an approved sewage treatment and disposal
system.
Statutory Authority G.S. l30A-33S(e).
.I960 MAINTENANCE OF PRIVIES
(b) The tenant or person occupying the prop-
erty shall be responsible for these requirements:
(4) Flies shall be excluded from the pit at all
times. The application ef a cupful ef
korosono ef usod »ii onc e oach wook wiU
aDoiot m oontroUiF tg motiquito brooding
aft4 koop down oduro.
Statutory Authority G.S. l30A-335(e).
.1961 MAINTENANCE OK SEWAGE SYSTEMS
(b) Sept ag e rumovod from ground aboorption
oowug e treatment aft4 dir f pooal Dyiitome nhall be
properly dispO!> e d ef eftly at appro^'od locutions
m aooordajice with upplicablo lawo, ruloo, aH4
rogulationo aft4 consistent with good public
houlth practice, tf septage is applied tt» the land,
location within 34 hours. Proper disposal ef
soptago shall be the rooponsibility ef tfee person
providing the septage pumping oor^'ico. System
management in accordance with Table V shall
be required for all systems installed or repaired
after January 1 , 1 99 1 , for engineered systems with
capacities or greater than 3000 gallons per day
instaUcd prior to January 1, 1991, and for systems
which utilize mechanical, biological or chemical
pretreatmcnt other than septic tanks installed
prior to January 1, 1991. After July 1, 1990 prior
to issuance of an improvement permit for Type
IV, J'vpe V, Type VI, or Type VII systems, a
management entity of the type specified in Fable
V must be in place in the county or service dis-
trict in which the system is to be located. The
management entity shall be responsible for per-
formance inspections of the system at the fre-
quency specified by Table V and shall report the
results of their inspections to the local health de-
partment at the specified reporting frequency.
However, where performance inspections indi-
cate the need for system repairs, the management
entity shall report to the local health department
within 48 hours. The management entity shall
be responsible for routine maintenance proce-
dures in accordance with the operations permit.
System
Classification
Type I
Type H
Type III
Type IV
Type V
TABLE V(a)
System
Description
a^ Privy
K Chemical toilet
c^ Incinerating toilet
(L Other toilet system
e^ Grease trap
a^ Conventional septic
system (single-family
or 480 GPP or less)
K Conventional septic
system with 750 linear
feet of nitrification
line or less
a Conventional system
with shallow placement
a^ Septic system with
single effluent pump
b^ Gravity mound
c^ Dual gravity field
dL PPBPS system, gravity
dosed
e^ large diameter pipe
system
f Other non-conventional
trench systems
LPP
Pressure mound
b_
a System with more than
1 pump or siphon
d. PPBPS system with
pressure distribution
e^ Other trench systems
with pressure
distribution
f Open ditch drainage
for 2 or more lots
g^ Sand filter
pretreatmcnt systems
a^ Pump drainage
K Package treatment
plants
c^ Chemical treatment
plants
d. Other mechanical.
NORTH CAROLINA REGISTER
346
PROPOSED RULES
Type VI
Type VII
biological, or
chemical prctrcatment
systems
e. Any > 3,000 GPP
system
a. Any > 3,000 GPP
system with mechanical,
biological, or chemical
pretreatment system
a^ Wastewater reuse/recycle
K Flolding tanks
Type V
Permit
Permits Renewal
Required Frequency
Improyement Permit N/A
Operation i'crmit
Improvement Permit N/A
C.'crtificate of Completion
Improvement Permit 5 vrs.
Operation Pennit
Improvement Permit 3 yrs.
Operation Permit
Improvement Penmt 2 vrs.
Operation Permit
Improvement Permit 2 yrs.
Operation Permit
Impro\ement Permit j_ vr.
Operation Permit
TABLE V(b)
Management
I'ntitv
Owner
System
Classification
Type I
Type II
lype III
Type IV
Owner
Owner
Public
Management
l-ntitv
Type VI
Type VII
Public
Management
Entity
Certified Operator
(> 3000 GPP
system only)
PubUc
Management
Entity
Public
Management
Entity
Minimum System
Inspection/
F'requency
N/A
N/A
N/A
2 yr.
12vr.
l/wk(3000- 10000 GPP)
2/vvk( 10000-25000 (iPP)
3'wk(25000-50000 GPP)
5/wk( > than 75000 GPP)
12/yL
Certified
Operator
N/A
N/A
N/A
Optional
Required
Required
Required
for Reuse/
Recycle
Reporting
Frequency
N/A
N/A
N/A
1/vr-
4/yr.
4/yr.
Certified Operator
Certified Installer
Statutory Authority G.S. /30A-294; /30A-335(e).
.1964 INTERPRETATION AND TECHNICAL
ASSISTANCE
(a) The provisions of this Section shall be in-
terpreted, as applicable, in accordance with the
recognized principles and practices of soil science,
geology, engineering, and public health.
Statutory Authority G.S. J30A-335(e).
TITLE 15 - DEPARTMENT OF N.ATl RAL
RESOLRCES AND COMMIAITV
DEVEEOPMENT
Jyotice is hereby given in accordance with G.S.
1 SOB- 1 2 that the Em'ironmental .Management
347
NORTH CAROLINA REGISTER
PROPOSED RULES
Commission intends to amend rule(s) cited as 15
NCAC2B .0303.
I he proposed effective date of this action is De-
cember I, 1989.
1 he public hearing will be conducted at 7:00
P.M. on July 25, 1989 at Courtroom A, Macon
County Courthouse, 5 West Main Street,
Franklin, NC.
Co
'Omment Procedures: All persons interested in
this matter are invited to attend. Comments,
statements, data, and other information may be
submitted in writing prior to, during, or within
thirty (30) days after the hearing or may be pre-
sented orally at the hearing. Oral statements may
be limited at the discretion of the hearing officer.
Submittal of written copies of oral statements is
encouraged. For more information contact Steve
Zoufaly, Division of Environmental Management,
P. O. Box 27687, Raleigh, NC 2761! (919)
733-5083.
CHAPTER 2 - ENVIRONMENTAL
MANAGEMENT
SUBCHAPTER 2B - SI RFACE WATER
STANDARDS: MONITORING
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
.0303 LITTLE TENN RIVER BASIN AND
SAVANNAH RIVER DRAINAGE AREA
(c) The Little Tennessee River Basin and
Savannah River Drainage Area Schedule of
Classifications and Water Quality Standards was
amended effective:
(1) February 16, 1977;
(2) March 1, 1977;
(3) July 13, 1980;
(4) February 1, 1986;
(5) October 1, 1987;
(6) March 1, 1989;
(7) December 1, 1989.
(e) The Schedule of Classifications and Water
QuaUty Standards for the Watauga River Basin
was amended effective December Jj 1989 as fol-
lows:
(1) North Fork Coweeta Creek (Index No.
2-10-4) and Falls Branch (Index No.
2-10-4-1) were reclassified from Class C
to Class B.
(2) Bumingtown Creek (Index No. 2-38) was
reclassified from C-trout to B-trout.
******************
Jy otice is hereby given in accordance with G.S.
1508-12 that the Environmental Management
Commission intends to amend rule(s) cited as 15
NCAC2B .03H.
1 he proposed effective date of this action is De-
cember I. 1989.
1 he public hearing will be conducted at 2:00 P.
M. and 7:00 P.M. on July 20, 1989 at
Municipal Building
Council Chambers
425 S. Lexington Ave.
Burlington, NC
2:00 P.M.
Guilford County Courthouse
Courtroom 2A, New Courthouse
20 J S. Eugene Street
Greensboro, NC
7:00 P.M.
Cc
Statutory Authority
l43-2l5.3(a)(l).
G.S. 1 43-2 14. 1; 1 43-2 1 5. 1 ;
omment Procedures: All persons interested in
this matter are invited to attend. Comments,
statements, data, and other information may be
submitted in writing prior to, during, or within
thirty (30) days after the hearing or may be pre-
sented orally at the hearing. Oral statements may
be limited at the discretion of the hearing officer.
Submittal of written copies of oral statements is
encouraged. For more information contact Steve
Zoufaly, NRCD, Drv. of Environmental Manage-
ment, P. O. Box 27687, Raleigh, NC 27611
(919) 733-5083.
.031 1 CAPE FEAR RIVER BASIN
(b) The Cape Fear River Basin Schedule of
Classifications and Water Quality Standards was
amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) December 14, 1980;
(4) August 9, 1981;
(5) Apnl 1, 1982;
(6) December 1, 1983;
(7) January 1, 1985;
(8) August 1, 1985;
(9) December I, 1985;
(10) February I, 1986;
(11) July 1, 1987;
(12) October 1, 1987;
(13) March I, 1988;
NORTH CAROLINA REGISTER
348
PROPOSED RULES
(14) June 1, 1988;
(15) July 1, 1988;
(16) December 1, 1989.
(c) [he Schedule of Classifications and Water
Quality Standards for the Cape I ear River Basin
has been amended effective December \^ 1989 as
follows:
(4] Big Alamance Creek [Index No. 16-19-(1)|
from source to Kayser-Roth Hosiery Co.,
Inc. water intake including all tributaries
has been reclassified from Class WS-Ill
NSW and Class C NSW to Class WS-Il
NSW.
Statutory Authority G.S. 143- 2 1 4. 1; / 43- 2/5. J;
l43-2l5.3(a)(l).
TITLE 21 - OCCUPATIONAL LICENSING
BOARD
Psotice is hereby given in accordance with G.S.
150B-I2 that the North Carolina Board of Archi-
tecture intends to amend rules cited as 21 NCAC
2 .0207 -.0209 and .0302.
I he proposed effective date of this action is Oc-
tober I, I9S9.
1 he public hearing will be conducted at 2:00
p.m. on July J 7, I9S9 at North Carolina Board
of Architecture, 501 N . Blount Street, Raleigh,
NC 27604.
Co
omment Procedures: Written comments must
be submitted to the Board on or before July 13,
1989, to the Executive Director, Mrs. Cynthia B.
Skidmore, 50! N. Blount St., Raleigh, NC 27604.
Oral comments may be presented at the hearing.
CHAPTER 2 - BOARD OF ARCHITKCTLIRE
SECTION .0200 - PRACTICE OF
ARCHITECTURE
.0207 DENIAL: SUSPENSION OR
REVOCATION OF LICENSE
(a) Denial. The Board may refuse to grant an
examination, or after examination refuse to grant
a license for the practice of architecture, to any
person convicted of a felony, or who, in the
opinion of the Board, has been guilty of dishon-
est or unprofessional conduct, or lacks good
moral character as defmed in G.S. 83A- 1(5).
il^ . . .
(b) Discipline Affecting License. The Board
may levy a civil penalty, reprimand, suspend for
a period of time, or revoke any corporate certif-
icate of registration or discipline a licensee pur-
suant to G.S. 83A-15.
Statutory Authority G.S. 83-/5; 83A-/; 83A-6;
83 A -7.
.0208 DISHONEST CONDUCT
In addition to those grounds as stated in G.S.
83A-I5(1) the following acts or omissions,
among others, may be deemed to be "dishonest
conduct" and to be cause for the levy of a civil
penalty or for a denial, suspension, or revocation
of a license or certificate of registration to practice
architecture:
(1) Deceitful Statements. It shall be deemed
dishonest conduct to make untrue or
deceitful statements in an application for
examination, any other application to the
Board or in any statements or represent-
ations to the Board or a committee of the
Board.
(2) Misrepresentation. It shall be deemed dis-
honest conduct for an architect to permit the
use of his professional seal by others, or
otherwise represent himself as the author of
drawings or specifications which are not
personally prepared by him or under his di-
rect supervision. However, "standard design
documents" prepared by architects who are
registered in this state or in their state of or-
igin may be sealed by a succeeding licensed
architect registered in North Carolina pro-
vided:
(a) the seal of the original architect appears
on the documents to authenticate author-
ship;
(b) the words "standard design document"
appear on each sheet of the documents
prepared by the original architect;
(c) the succeeding North Carolina architect
clearly identifies all modifications to the
standard design documents;
(d) the succeeding North Carolina architect
assumes responsibility for the adequacy
of the design for the specific application
in North Carolina and for the design
conforming with applicable building
codes; and
(e) the succeeding North Carolina architect
affixes his seal to the standard design
documents and a statement substantially
as follows: "These documents have been
properly examined by the undersigned. I
have determined that they comply with
existing local North Carolina codes, and I
assume responsibility for the adequacy of
the design for the specific application in
North Carolina."
349
NORTH CAROLINA REGISTER
PROPOSED RULES
(3) Contributions. It shall be deemed dishon-
est conduct for an architect to make or
promise to make contributions of money or
service, with the intent to bribe, for the
purpose of securing a commission or influ-
encing the engagement or employment of an
architect for a project.
Statutory Authority G.S. 83A-6; 83A-I4; 83A-J5.
.0209 UNPROFESSIONAL CONDUCT
In addition to those grounds as stated in G.S.
83A-15(3) the following acts or omissions,
among others, may be deemed to be "unprofes-
sional conduct", and to be cause for the levy of
a civil penalty or for denial, suspension, or re-
vocation of a hcense or certificate of registration
to practice architecture:
(1) Compliance With Laws. It shall be deemed
unprofessional conduct for an architect, in
the conduct of his or her professional prac-
tice, to knowingly violate any state or federal
criminal law. A criminal conviction shall
be deemed prima facie evidence of know-
ingly violating the law.
(2) Compliance With Foreign Registration. It
shall be deemed unprofessional conduct for
an architect to knowingly violate the laws
governing the practice of architecture or the
rules promulgated by any other architectural
hcensing board in any United States juris-
diction. A fmding by a foreign architectural
registration board that an architect has vio-
lated a law or rule governing the practice of
architecture shall be deemed prima facie ev-
idence of knowingly violating the law or
rule.
(3) Product Specification. It shall be deemed
unprofessional conduct for an architect to
soHcit or accept financial or other valuable
consideration from material or equipment
supphers for specifying their products.
(4) Advertising. It shall be deemed unprofes-
sional conduct for an architect to engage in
any false, deceptive, fraudulent, or mislead-
ing advertising.
(5) False Statements. It shall be deemed un-
professional conduct for an architect to
knowingly make false statements about the
professional work or to maliciously injure
the prospects, practice, or employment po-
sition of others active in the design and
construction of the physical environment.
(6) Evasion.
(a) It shall be deemed unprofessional conduct
for an architect, through employment by
building contractors, or by another not
holding an individual or corporate certif-
icate from the Board, to enable the em-
ployer to offer or perform architectural
services, except as provided in G.S.
83A-I3.
(b) It shaU be deemed unprofessional conduct
for an architect to furnish limited services
in such manner as to enable owners,
draftsmen, or others to evade the public
health and safety requirements of Chapter
83A or the building permit requirements
of Chapter 160A of the North Carolina
General Statutes.
(c) When building plans are begun or con-
tracted for by persons not properly li-
censed and qualified, it shall be deemed
unprofessional conduct for an architect to
take over, review, revise, or sign or seal
such drawings or revisions thereof for
such persons, or do any act to enable ei-
ther such persons or the project owners,
directly or indirectly, to evade the re-
quirements of Chapter 83A or G.S.
160A-417.
(7) Branch Office. It shall be deemed unpro-
fessional conduct for an architect to main-
tain or represent by sign, listing, or other
maimer that he maintains an architectural
office or branch office unless such office is
continuously staffed with a registered archi-
tect in charge. Provided, however, that this
Rule does not apply to on-site project of-
fices during construction.
Statutory Authority G.S. 83A-6; 83A-I4; 83A-I5.
SECTION .0300 - EXAMINATION
PROCEDURES
.0302 WRITTEN EXAMINATION
(a) Licensure Examination. All applicants for
architectural registration in North Carolina by
written examination must pass the Architectural
Registration Examination (ARE) prepared by
the National Council of Architectural Registra-
tion Boards (NCARB).
(1) Description. The nature of the examina-
tion is to place the candidate in areas re-
lating to actual architectural situations
whereby his abilities to exercise competent
value judgements will be tested and eval-
uated.
(2) Qualifications. The prequalifications
necessary for an applicant's admission to
the Architectural Registration examina-
tion (ARE) are as follows:
(A) be of good moral character as defined
in North Carolina General Statute
83A-l(5);
NORTH CAROLINA REGISTER
350
PROPOSED RULES
(B) be at least 18 years of age;
(C) hold a degree in architecture from a
college or university where the degree
program has been approved by the Board,
or professional education equivalents as
outlined and defmed in the North
Carolina Board of Architecture's Table of
Equivalents for Education and Experi-
ence, Appendix A; beginning July \^ 1991,
the professional education qualification
shall be a N.AAB (National Architectural
Accrediting Board) accredited professional
degree m architecture;
(D) have three years practical training or
experience in the offices of registered ar-
chitects or its equivalent as outlined and
defmed in the North Carolina Board of
Architecture's Table of Equivalents for
Education and Experience, Appvendix A.
All applicants who apply for architectural
registration subsequent to July 1, 1987
shall be required to follow the Intern De-
velopment Program (IDP) through the
National Council of Architectural Regis-
tration Boards or an equivalent program
approved by the North Carolina Board
of y\rchitecture in order to satisfy the re-
quirements of this Section. In the case
of any applicant certifying to the Board
that he or she had accrued sufficient
training credits under the requirements of
the current Appendix A prior to July 1,
1987, so that 12 or fewer months of
training remained to be acquired, then the
current Appendix A shall continue in ef-
fect for such applicant.
(b) Content. The ARE comprises nine divi-
sions as follows:
Division A:
Division B:
Division C:
Division D:
Division E:
Pre-design
Site Design
Building Design
Structural - General
Structural - Lateral
Forces
Structural - Long
Span
Mechanical, Plumbing,
Electrical
and Life Safety Systems
Materials and Methods
Construction Documents
and Services
(c) Retention of Credit. Applicants who had
passed portions of the previous registration ex-
aminations (Professional Examination - Section
A, Professional Examination - Section B and
Qualifying Test) will receive the transfer credit set
forth below and need only take those divisions
Division F:
Division G:
Division H:
Division I:
of ARE for which no transfer credit has been re-
ceived. To be eligible for transfer credits for any
portion of the Professional Examination - Sec-
tion B, the applicant must have passed three
parts of that examination in one sitting, in or af-
ter Etecember, 1980.
Transfer credits to the ARE from the previous
NCARB examinations are as follows:
Previous
Examinations
Passed
Professional
Examination,
Section B,
Parts 1 & II
Professional
Examination,
Section A
(Design/Site)
Professional
Examination,
Section B,
Part III
Qualifying Test
Section A
Credit to ARE Divisions
Division A
Divisions B & C
Divisions D, E, F,
GandH
NO CREDIT
(History and Theory of Architecture are incor-
porated into all divisions of the ARE).
Divisions D, E, F
Division G
Division H
Division I
Qualifying Test,
Section B
Qualifying Test,
Section D
Qualifying Test,
Section C
Professional
Examination,
Section B,
Part IV
(d) Practical Training. Practical training means
practical experience and diversified training as
defmed in the North Carolina Board of Archi-
tecture's Table of Equivalents for Education and
Experience, Appendix A. However, the Board
reserves the right to judge each case on its own
merits.
(^ Filing Application. AA ft^w applic ^ ationo
aft4 supporting documonto fof writton examina
351
NORTH CAROLINA REGISTER
PROPOSED RULES
V^^^TT ^^^^^^T ^^F WI I I I IV 11 1 1 1 l\J \H llKnJ TTT ll lU TTTT^CT^X I l\J I.
iUT\,'r ^^TC^^ ;^T^Tr^T i \j\ \ji i-n^vi i t v^ir rcrr ex iv i 1 1 v lj ttt
ordor fof tfe* applicant'o eligibility to fee deter
minod aft4 h» order Aat- the candidate may re-
ceive proper inotructions te pr e par e fof tbe
e xamination.
(1^ (e) Personal Audience. The candidate may
be required to appear personally before the ex-
amining board or a designated representative of
the Board and afford the Board an opportunity
to judge his natural endowments for the practice
of architecture, his ethical standards, and by
questions gain further knowledge of his fitness for
the practice of architecture. The time for this
audience will be set by the examining body.
(g^ (f} Grading. The ARE shall be graded in
accordance with the methods and procedures re-
commended by the NCARB.
(1) To achieve a passing grade on the ARE,
an applicant must receive a passing grade
of 75 in each division. Grades from the
individual divisions may not be averaged.
Applicants will have unlimited opportu-
nities to retake divisions which they fail,
but all divisions, previously failed, must
be retaken at one time at a subsequent
examination.
(2) In order to insure fairness in grading and
to prcscr\e anonymity until after the ex-
aminations have been graded, each candi-
date will receive a number that will be
unique for each candidate. This number
shall be placed by the candidate on all
papers and exhibits.
ft*^ (g) Time and place. Beginning in 1983, the
Board will administer the ARE over a four day
period to all applicants eligible, in accordance
with the requirements of this Rule. The place
and exact dates wiU be announced in advance of
the examination.
Statutory Authority G.S. 83A-I; S3A-6; S3A-7.
TITLE 23 - DEPARTMENT OF
COMMUMTY COLLEGES
lyotice is hereby given in accordance with G.S.
I SOB- 1 2 that the State Board of Community
Colleges/ Department of Community Colleges in-
tends to adopt rule(s) cited as 23 NCAC 2C
.0604.
1 he proposed effective date of this action is Oc-
tober I, 1989.
1 he public hearing will be conducted at 10:00
a.m. on July 18, 1989 at First Floor, State Board
Conference Room, Caswell Building, 200 West
Jones Street, Raleigh, NC 27603-1337.
i^omment Procedures: A ten-minute time limit
per person may be imposed for oral presentations.
The number of persons making oral presentations
may be limited in order to stay within the time
mailable. Individuals who plan to make oral
presentations must submit their remarks in writing
to the hearing officer. This procedure will assist
the hearing officer in organizing and reporting in-
formation to the SBCC. Written statements not
to be presented at the hearing should be directed
to Mr. J. W. Fades, Hearing Officer, Department
of Community Colleges, 200 West Jones Street,
Raleigh, N. C. 27603-1337 by July 17, 1989.
CH.^PTER 2 - COMMUNITY COLLEGE
SUBCHAPTER 2C - INSTITUTIONS:
ORGANIZATION AND OPERATIONS
SECTION .0600 - INSTITUTIONAL
EVALUATION
.0604 CURRICULUM PROGRAM REVIEW
Each college shall monitor the quality and vi-
ability of each of its curriculum programs. Each
program shall be reviewed at least once every five
years with regard to the achievement of its stated
purpose, quality of instruction, curriculum de-
sign, cost, student outcomes, and contribution to
the overall mission of the college. Summary re-
ports of these reviews shall be transmitted to the
State President.
Statutory Authority G.S. I/5D-5.
NORTH CAROLINA REGISTER
352
FINAL RULES
LJ pon request from the adopting agency, the
text of rules will be published in this section.
W hen the text of any adopted rule is iden-
tical to the text of that as proposed, adoption
of the rule will be noted in the "List of Rules
Codified" and the text of the adopted rule
will not be republished.
/l dopled rules filed by the Departments of
Correction, Revenue and Transportation are
published in this section. These departments
are not subject to the provisions ofG.S. I50B,
Article 2 requiring publication of proposed
rules.
TITLE 17 - DEPARTMENT OF REVENUE
CHAPTER 7 - SALES AND LSE TAX
SLBCJL\PTER 7B - STATE SALES AND LSE
TAX
SECTION .0100 - GENERAL PROVISIONS
.0123 COMMERCIAL FISHERMEN
(a) A Commercial Fisherman's Certificate,
Form E-558, may be completed by a person who
fishes commercially and accepted by a retail or
wholesale merchant as the merchant's authority
to sell to a commercial fisherman boats, fuel oil,
lubricating oils, machinery, equipment, nets, rig-
ging, paints, parts, accessories and supplies, such
as paint brushes, acetyline, oxygen, paint rollers,
funnels, sanding discs, welding rods, saw blades,
drill bits, and similar property, including foul
weather gear, gloves and life vests, for use by
them principally in commercial fishing oper-
ations without charging and remitting any sales
or use tax thereon. The term "commercial fish-
ing operations" means all operations preparatory
to, during, and subsequent to the taking of all
marine mammals, all shellfish, all crustaceans and
aU other fishes:
(1) with the use of commercial fishing equip-
ment; or
(2) by any means, if a primary purpose of
taking is to sell the fish;
Commercial fishing operations also include
charter boat and head boat operators when they
operate under a charter or as a head boat taking
people fishing for hire, but does not include per-
sons principally taking fish for recreation or per-
sonal use or consumption. Each certificate
should be prepared in duphcate and a copy re-
tained by the commercial fisherman and by the
merchant.
(b) To be exempt from sales or use tax under
the provisions of G.S. 105-164.13(9), the prop-
erty must be of a type named therein and must
be sold to persons for use by them principally in
commercial fishing operations. The certificate
may not be used to purchase food, clothing or
other personal effects of commercial fishermen
other than foul weather gear, gloves and life vests
for use in commercial fishing operations. Sales
to commercial fishermen of food, tableware,
toothpaste, soap, or other personal effects of
commercial fishermen are subject to the applica-
ble sales or use tax. Vendors selling taxable tan-
gible personal property to fishermen should make
reasonable and prudent inquiry concerning the
type and character of the tangible personal prop-
erty as it relates to the business of commercial
fishermen. Every vendor shall keep and preserve
suitable records of the gross income, gross re-
ceipts and/or gross receipts of sales of such busi-
ness and such other books, records or accounts
as may be necessary to determine the amount of
tax for which he is liable. It shall be presumed
that all gross receipts of such vendors are subject
to the retail sales tax until the contrary is estab-
lished by proper records.
History Note: Statutory Authority G.S.
105-164.4; 105-164.6; 105-164.13; 105-262;
Eff July 5. 1980:
Amended Eff July I, I9S9; January 3, 1984;
November I, 1982; January I. 1982.
SECTION .1400 - SALES OF MEDICINES:
DRUGS AND MEDICAL SUPPLIES
.1406 BLOOD PRODUCTS: BODY TISSUE
Transactions involving the procurement, proc-
essing, distribution or use of whole blood plasma,
blood products, blood derivatives and other body
tissue or organs that are to be injected, transfused
or transplanted into the human body are deemed
to be services and any charges therefor are ex-
empt from sales or use tax pursuant to the pro-
visions of G.S. 130A-410.
History Note: Statutory Authority G.S.
105-164.3; 105-262; 105-264; 130.4-410;
Eff February I, 1976;
Amended Eff July I, 1989; September 14. 1977.
SECTION .1800 - HOSPITALS AND
SANITARIUMS
.1801 SALES TO AND BY HOSPITALS: ETC.
(a) I lospitals and sanitariums are primarily en-
gaged in rendering services and are deemed to be
the users or consumers of all tangible personal
353
NORTH CAROLINA REGISTER
FINAL RULES
property which they purchase for use in con-
nection with the operation of such institutions.
Hospitals and sanitariums are, therefore, liable
for payment of sales or use tax on their purchases
of such property except as hereinafter set forth.
(b) Hospitals and sanitariums are deemed to
be the users or consumers of drugs or medicines
which they administer to patients. Purchases by
hospitals and sanitariums of drugs or medicines,
other than insulin, for such use are subject to the
three percent state and applicable local sales or
use tax. Effective August 1, 1988, sales of insulin
are exempt from sales or use taxes whether or not
sold on prescription. If, in addition to using
drugs or medicines in administering to patients,
a hospital or sanitarium operates a pharmacy
from which it makes across the counter sales of
medicines and drugs, and all purchases of medi-
cines and drugs by such institution are made
through the pharmacy, then the drugs or medi-
cines may be purchased without payment of tax
to suppliers provided the institution is registered
with the Department of Revenue for sales or use
tax purposes and has furnished the suppliers with
properly executed certificates of resale. Form
I:- 590. By executing the certificates of resale, the
hospital or sanitarium assumes the liability for
payment of and must pay directly to the depart-
ment all sales or use taxes due on drugs and
medicines which are used by the institution in
administering to and caring for its patients. Sales
of drugs and medicines by the pharmacy on pre-
scription of physicians and dentists are exempt
from tax. Sales of drugs and medicines without
written prescriptions of physicians or dentists are
taxable at three percent; except, effective August
1, 1988, sales of insulin are exempt from sales or
use tax whether or not sold on prescription.
Sales of drugs and medicines, other than insulin,
to physicians and dentists who administer the
same to their patients in rendering professional
services are also subject to the three percent state
and apphcable local sales or use tax.
(c) Purchases by hospitals and sanitariums of
foodstuffs for use in furnishing meals to patients
are subject to the three percent sales or use tax.
If, in addition to furnishing meals to patients, a
hospital or sanitarium operates a cafeteria from
which it makes sales of prepared meals or foods
to guests, visitors, employees, staff or other per-
sons such institution must register with the De-
partment of Revenue and collect and remit the
tax on its sales. If the foodstuffs purchased by
such institution for use in furnishing meals to
patients cannot be distinguished from those pur-
chased for resale through the cafeteria, the hos-
pital or sanitarium may purchase all the
foodstuffs under a certificate of resale. The hos-
pital or sanitarium thus assumes liability for
payment of the three percent sales or use tax on
foodstuffs used in furnishing meals to its patients
and the three percent sales tax on sales of meals
by the cafeteria.
(d) Meals and food products served to students
in dining rooms regularly operated by state or
private educational institutions are exempt from
tax; thus, if a hospital serves meals and food
products to student nurses, such sales are exempt
from tax.
(e) Sales of crutches, artificial limbs, artificial
eyes, hearing aids, false teeth, eyeglasses ground
on prescription of physicians, oculists or
optometrists, and other orthopedic appliances
when the same are designed to be worn on the
person of the owner or user are not subject to
sales or use tax; therefore, any sales of such
property to hospitals or sanitariums or by hospi-
tals or sanitariums are exempt from the tax.
(f) Except as provided by Paragraphs (b) and
(c) of this Rule, certificates of resale may not be
used by hospitals and sanitariums when making
taxable purchases of tangible personal property
for use or consumption. The tax due on taxable
purchases from North Carolina suppliers or out-
of-state suppliers who charge North Carolina
sales or use tax must be paid to the suppliers.
Hospitals and sanitariums which make taxable
purchases from out-of-state suppliers who do not
collect and remit North Carolina sales or use tax
thereon must register with the department and
remit monthly the tax due on such purchases.
History Note: Statutory Authority G.S.
JOS- / 64. 4; 1 05- J 64. 6; 105-262;
Eff. February I, 1976;
Amended Eff. July I, 1989.
SECTION .2900 - VENDING MACHINES
.2901 SALES THROUGH VENDING
MACHINES
(a) Any person who makes sales of tangible
personal property by means of vending machines
is required to register with the Department of
Revenue and pay sales tax on the sales price of
tangible personal property in excess of one cent
per sale. One cent sales through vending ma-
chines aire exempt from sales tax when made by
the owner or lessee of the vending machines.
Effective July 1, 1989, the sales price of tangible
personal property sold through coin-operated
vending machines, other than closed container
soft drinks subject to the excise tax under Article
2B of the Revenue Act or tobacco products, is
considered to be 50 percent of the total amount
for which the property is sold through the vend-
ing machines. All bottled soft drinks containing
35 percent or more of natural fruit or vegetable
NORTH CAROLINA REGISTER
354
FINAL RULES
juice and all bottled natural milk drinks contain-
ing 35 percent or more natural liquid milk are
exempt from the excise tax imposed by the Soft
Drink Tax Article, but the exemption does not
apply to any vegetable or fruit drink to which has
been added any coloring, artificial flavoring or
preser\'ative. The receipts from sales of these
items exempt from the soft drink tax will be
subject to the tax on 50 percent of the total
amount for which these items are sold through
vending machines. Records must be kept to
support such exempt sales as required by G.S.
105-164.22 and G.S. 105-164.24.
(b) If a person operates a number of vending
machines from which taxable sales are made at
various locations in this state, one retailer's li-
cense may be held by such person at his principal
place of business and the tax may be accounted
for in one return reflecting the total gross receipts
derived from sales through all vending machines
operated in this state.
History Sole: Statutory Authority G.S.
105- 164.4; 105-164.13; 105-262;
Eff. Februarv I, J976;
Amended Eff. July I, 1989.
.2903 EXCLUSION OF TAX FROM RECEIPTS
Vending machine operators are permitted to
separate their receipts which are 100 percent tax-
able from their receipts which are 50 percent
taxable and, al'ter calculating the taxable amounts
of each, may divide those total taxable amounts
by 105 percent to arrive at taxable sales report-
able on their sales and use tax returns. Records
must be kept to support such sales as provided
by G.S. 105-164.22 and G.S. 105-164.24.
History S'ote: Statutory Authority G.S.
105-164.4; 105-262;
Eff. February' I, 1976;
Amended Eff Jidv I, 1989; .August I. 1988;
July 5, 19S0.
SECTION .3200 - TELEPHONE .\ND
TELEGR.VPH COMP.\NIES
.3201 IN GENER.\L
(a) Sales of central office equipment and
switchboard and private branch exchange equip-
ment to telephone and telegraph companies reg-
ularly engaged in providing telephone and
telegraph services to subscribers on a commercial
basis and, effective July 1, 1983, sales to those
companies of prewritten computer programs
used in pro\iding telephone senice to their sub-
scribers are subject to the one percent sales or use
tax with a maximum tax of eighty doUars
($80.00) per article. For the purpose of deter-
mining the items that may be properly included
in the terms central office equipment, switch-
board equipment and private branch exchange
equipment, reference is made to Accounts 221,
231 and 234 of Title 47"Telecommunication
Chapter 1, Part 31, Uniform Systems of Ac-
counts, Class A and Class B Telephone Compa-
nies, of the Federal Communications
Commission's rules and regulations as revised to
January 1, 1960. This Rule has no application
to future changes in the Federal Communi-
cations Commission's rules and regulations until
such changes are reviewed by the Secretary of
Revenue to determine the application of tax to
the tangible personal property affected by such
changes.
(b) Account 221; Central Office Equipment.
This account includes switchboards and other
equipment, instruments and apparatus necessary
to the functions of central offices. Sales to and
purchases by the above-referred to telephone and
telegraph companies of the items included in
Account 221, with certain exceptions, examples
of which are set out below, are subject to the one
percent sales or use tax with a maximum tax of
eighty dollars ($80.00) per article, irrespective of
whether the items are classified in the Uniform
System of Accounts as capital expenditures or as
maintenance expense. Examples of items con-
tained in Account 221 which are taxable at the
three percent rate are:
(1) aisle-hghting equipment attached to
buildings;
(2) minor building alterations when tangible
personal property not properly termed
central office equipment is affixed or at-
tached to or in any manner becomes a
part of a building or structure;
(3) cable, other than that connecting central
office units to each other or to distributing
frames;
(4) covers for transmission power apparatus;
(5) desks and tables unless equipped with
central office equipment when purchased;
(6) foundations for engines and other equip-
ment when part of building;
(7) loading coils used outside central office,
loud speaker equipment, operators' chairs;
(8) platforms, rolling ladders, tarpaulins,
ticket holders, toll ticket carriers;
(9) water stiUs for battery senice;
(10) tools and portable testing equipment re-
gardless of where used;
(11) items not herein specified but which may
be excluded by Notes A, B, C and D to
Account 221.
(c) Account 231; Station Apparatus. This ac-
count includes private branch exchange equip-
ment in addition to station apparatus. That
i55
NORTH CAROLINA REGISTER
FINAL RULES
equipment which is properly included in the term
private branch exchange equipment is taxable at
the one percent rate subject to the eighty dollar
($80.00) maximum tax per article, whether clas-
sified by the Uniform System of Accounts as
capital expenditures or as maintenance expense;
however, all other equipment in this account is
subject to the three percent sales or use tax.
Examples of items contained in Account 231
which are taxable at the three percent rate are
desk sets, hand sets, wall sets, mobile telephone
equipment, backboards, battery boxes, booths,
coil collectors, station wiring, protectors,
arresters, ground rods, clamps, wire and similar
associated equipment, and any items not prop-
erly classified as private branch exchange equip-
ment and not included in Accounts 221 and 234
but distributable to other accounts by Notes A,
B, C and D to Account 231.
(d) Account 234; Large Private Branch Ex-
change. This account contains equipment and
apparatus necessary to the operation of the above
named exchanges. The equipment and apparatus
contained in this account which are properly in-
cluded in the term private branch exchange
equipment are subject to the one percent sales
or use tax with a maximum tax of eighty dollars
($80.00) per article, whether classified under the
Uniform System of Accounts as capital expendi-
tures or as maintenance expense, but does not
include any tangible personal property which is
station apparatus. Examples of items included
in Account 234 which are taxable at the three
percent rate are operators' chairs and equipment
and apparatus distributable to other accounts by
Notes A, B, and C to Account 234.
(e) The gross receipts derived by a utility from
sales of intrastate telephone service are subject to
the three percent sales tax on and after January
1, 1985. The term "utility," as used in this Rule,
means a telephone company that is subject to the
privilege tax based on gross receipts tax under
G.S. 105-120. The receipts upon which the tax
is due is the total amount derived from the sale
of intrastate telephone service, including any
charges that go into the delivery of the service
that are a part of the sale of such service valued
in money, whether paid in money or otherwise,
and includes any amount for which credit is given
to the purchaser by the seller without any de-
duction on account of the cost of the service sold,
the cost of materials used, labor or service costs,
interest charged, losses or any other expenses
whatsoever. Therefore, all charges for tangible
personal property and services provided in the
delivery of intrastate telephone service to the
purchaser are a part of the sale of intrastate tele-
phone service upon which the tax is due,
notwithstanding that some charges may be billed
separately to the customer from the time or flat
rate charges. The term "intrastate telephone
service" means telephone service which originates
and terminates within this state notwithstanding
that it may be routed through equipment located
outside this state. Set forth in this Paragraph are
the departmental interpretations as to the appli-
cation of sales tax to transactions by telephone
companies.
(1) Sales tax should be separately stated on
the bill provided to each customer; how-
ever, the franchise tax is not to be sepa-
rately stated on such bills.
(2) A telephone company must report receipts
from sales of intrastate telephone service
on an accrual basis. A sale of intrastate
telephone service is considered to accrue
when the telephone company bills the
customer for the sale and the applicable
tax should be computed thereon. Such
receipts must be reported on the Fran-
chise and Sales Tax Report, Form
CD-310, which is to be filed quarterly
within 30 days following the close of the
calendar quarter in which the tax accrues.
(3) Charges for reconnecting service to cus-
tomers after service has been terminated
for nonpayment are a part of gross re-
ceipts from sales of intrastate telephone
service and are subject to sales tax. Like-
wise, any charges for disconnecting such
service are subject to the sales tax.
(4) Sales of intrastate telephone service di-
rectly to the United States Government
or any agency thereof are not subject to
sales tax. In order to be a sale to the
United States Government, the Govern-
ment or agency involved must make the
purchase of the intrastate telephone ser-
vice and pay directly to the vendor the
purchase price of such service. While
sales directly to the United States Gov-
ernment or any agency thereof are exempt
from sales tax, telephone companies
should obtain a purchase requisition one
time from each agency for their records.
(5) Accounts of purchasers representing taxa-
ble sales on which the sales tax has been
paid that are found to be worthless and
actually charged off for income tax pur-
poses may at corresponding periods be
deducted from gross sales provided, how-
ever, they must be added to gross sales if
afterwards collected.
(6) The local sales tax is not applicable to
those receipts from services subject to the
state sales tax of three percent, but the
local tax is applicable to receipts from
sales and leases of tangible personal prop-
NORTH CAROLINA REGISTER
356
FINAL RULES
erty subject to the three percent state rate
of tax.
(7) Late payment charges are not subject to
sales tax.
(8) Any return check charges on customers'
checks returned by a bank because of in-
sufficient funds are not subject to sales
tax.
(9) Telephone companies that sell or lease
telephone equipment, or related compa-
nies or other vendors or lessors that sell
or lease such equipment are liable for
collecting and remitting the state and ap-
plicable local sales or use tax on the
amounts of such sales or leases. Such tax
is to be reported on the monthly sales and
use tax report, Form E-500, and should
not be reported on the quarterly Franchise
and Sales Tax Return, Form CD-310.
History Note: Statutory Authority G.S.
105-164.4 105-164.6; 105-262;
Eff. February I. 1976;
Amended Eff. July f 1989; May /, 1985;
March I, 1984.
.3203 TOLL OR PRIVATE
TEL^:COVl^lLNICATIO^S SERVICES
Effective January 1, 1989, the gross receipts de-
rived from toU telecommunications services or
private telecommunications services as defmed
by G.S. 105- 120(a) that both originate and ter-
minate in the state which are not subject to the
privilege tax under G.S. 105-120 are subject to a
six and one-half percent state sales tax. Such
receipts are not subject to the state three percent
or local sales taxes. This six and one-half percent
sales tax is not refundable under the provisions
of G.S. 105- 164. 14(b) or (c). This levy does not
apply to mutual telephone associations or coop-
eratives nor does it include those companies that
provide pager services by means other than tele-
phonic quality communications.
History Note: Statutory Authority G.S.
105-164.4: 105-164.6; 105-262;
Eff July I, 1989.
SECTION .3300 - ORTIIOrEDIC APPLIANCES
.3301 EXEMPT ORTHOPEDIC APPLIANCES
Sales of crutches, artificial limbs, artificial eyes,
hearing aids, false teeth, eyeglasses ground on
prescription of physicians or optometrists,
pulmonary respirators sold on prescription of
physicians, whether worn on the person or not,
and other orthopedic apphances when the same
are designed to be worn on the person of the
owner or user, are exempt from sales and use tax.
The term "orthopedic appliances" includes
headgear, bows, neckstraps, wires, bands, brack-
ets, rubber bands and jackscrews when such
items are purchased by orthodontists to be as-
sembled into various types of appliances to be
worn on the person of the owner or user. Items
which are deemed to be tax exempt orthopedic
appliances are set forth in this Rule for illustra-
tive purposes:
1) abdominal belts;
2) artificial noses and ears;
3) cervical braces;
4) clavicle splints;
5) crutch tips;
6) crutches;
7) dorsolumbar supports;
8) elastic anklets;
9) elastic arch binder;
(10) elastic arch brace;
(11) elastic bandage;
(12) elastic hose;
(13) elastic wrist bands;
(14) head halters;
( 1 5) invalid walkers;
(16) lumbosacral supf>orts;
(17) maternity supports;
( 1 8) obturators for cleft palate;
(19) post-operative supports;
(20) rib splints;
(21) sacroiliac supports;
(22) shoulder braces;
(23) spinal braces;
(24) stryker frames;
(25) susp>ensories;
(26) traction devices;
(27) trusses;
(28) walking canes;
(29) wheel chairs;
(30) hip prosthesis;
(31) bone nails;
(32) artificial heart valves;
(33) artificial arteries;
(34) iron lungs;
(35) cervical neck collars;
(36) leg braces;
(37) ostomy bags, discs, tubes and belts (but
not ostomy supplies, such as cements and
removers, powders, germicides or similar
supplies);
(38) artificial limbs.
History Note: Statutory Authority G.S.
105-164.13; 105-262;
Eff February I. 1976;
Amended Eff July I, 1989; February 1, 1986;
January 1, 1982.
SUBCHAPTER 7C - LOCAL GOVERNMENT:
MECKLENBURG COUNTY: SUPPLEMENTAL
357
NORTH CAROLINA REGISTER
FINAL RULES
LOCAL GOVERNMENT AND ADDITIONAL
SUPPLEMENTAL LOCAL GOVERNMENT
SALES AND USE TAX ACTS
SECTION .0100 - LOCAL GOVERNMENT
SALES AND USE TAXES
.0103 SALES TAX IMPOSED
(a) Every retailer whose place of business is
located in a county which has levied the
Mecklenburg County or the local government
sales and use tax and the supplemental local
government and the additional supplemental lo-
cal government sales and use tax is required to
collect and remit to the North Carolina Secretary
of Revenue the county sales tax at the rate of two
percent on:
(1) the sales price of those articles of tangible
personal property now subject to the three
percent sales tax imposed by the state un-
der G.S. 105-164.4(1); but not on sales of
electricity, piped natural gas or intrastate
telephone service taxed under G.S.
105-164.4(4a);
(2) the gross receipts derived from the lease
or rental of tangible personal property
where the lease or rental of such property
is an established business now subject to
the three percent sales tax imposed by the
state under G.S. 105-164.4(2);
(3) the gross receipts derived from the rental
of any room or lodging furnished by any
hotel, motel, inn, tourist camp or other
similar accommodations now subject to
the three percent sales tax imposed by the
state under G.S. 105-164.4(3);
(4) the gross receipts derived from services
rendered by laundries, dry cleaners, clean-
ing plants and similar type businesses now
subject to the three percent sales tax im-
posed by the state under G.S.
105-164.4(4).
(b) All retailers making taxable sales from a
place of business located within a taxing county
must collect and remit the two percent local sales
tax of the county in which the retailer's place of
business is located. Effective March 1, 1988, for
local sales tax purposes, the situs of a sale is the
retailer's place of business located within a taxing
county where the retailer becomes contractually
obligated to make the sale. The term "place of
business located within a taxing county" shall
mean stores, warehouses, sales offices, sales out-
lets, inventories, and other places within a taxing
county where tangible personal property is
maintained for sale, lease, or rental at retail, and
it shall include inventories of goods carried on
foot or in vehicles for sale to customers in a tax-
ing county. It shall also include laundries, dry
cleaning plants, or similar businesses and hotels,
motels, or similar facilities in a taxing county.
Taxable tangible personal property sold at a
business location in a taxing county and delivered
by retailers, their agents, the U.S. Mail, or by
common carrier to the purchaser in that county
or in any other county in this state is subject to
the sales tax of the county in which the retailer's
place of business is located at which such retailer
becomes contractually obligated to make the sale.
History Note: Statutory Authority G.S.
105-262; 105-467;
Eff. February I. 1976;
Amended Eff. July I, 1989; December I, 1988;
August I. 1988; August I. 1986.
.0104 USE TAX IMPOSED
(a) A local use tax is levied at the rate of two
percent of the cost price of each item or article
of tangible personal property which is used, con-
sumed or stored for use or consumption in a
taxing county and such use tax may be imposed
only on those items of tangible personal property
upon which the state now levies a three percent
use tax under G.S. 105-164.6. Every retailer en-
gaged in business in this state and in the taxing
county and required to collect the use tax levied
by G.S. 105-164.6 shall also collect the one per-
cent local use tax and remit same to the North
Carolina Secretary of Revenue when such prop-
erty is to be used, consumed or stored in the
taxing county. The use tax shall be levied against
the purchaser and his liability for such tax shall
be extinguished only upon his payment of the tax
to the retailer, where the retailer has charged the
tax, or to the Secretary of Revenue where the
retailer has not charged the tax. Every p)erson
who purchases any taxable tangible personal
property for use or consumption in a taxing
county from vendors located outside North
Carolina or outside the purchaser's county on
which the county tax was not required to be
collected by the vendors must report and remit
the appUcable use tax to the Secretary of Re-
venue.
(b) Where a local sales or use tax has been-paid
with respect to such tangible personal property
by the purchaser thereof, either in another taxing
county within this State or in a taxing jurisdiction
outside this State where the purpose of the tax is
similar in purpose and intent to the local sales
or use tax which is imposed within this State,
said tax may be credited against the local use tax
due. If the amount of local sales or use tax paid
in another taxing county or jurisdiction is less
than the amount of tax due the taxing county,
the purchaser shall pay to the Secretary of Re-
venue an amount equal to the difference between
the amounts so paid in the other taxing county
NORTH CAROLINA REGISTER
358
FINAL RULES
or jurisdiction and the amount due in the taxing
county. No credit shall be allowed for sales and
use taxes paid in a taxing jurisdiction outside this
State if that taxing jurisdiction does not allow a
credit for local government sales taxes paid in this
State. The local use tax will not be subject to
credit for payment of any state sales or use tax
not imposed for the benefit and use of counties
and municipalities.
History Note: Statutory Authority G.S.
105-262: 105-468;
Eff. February I. 1976;
Amended Eff. July I, 1989; December I, 1988;
August I. 1988; February 8, 1981.
SECTION .0300 - APPLICATION OF LOCAL
TAX TO SPECIFIC TRANSACTIONS
.0304 APPLICATION OF TAX
The following examples of transactions are in-
tended to serve as guides in applying local sales
or use tax to sales and purchases of tangible per-
sonal property in this state.
(1) Vendors Making Sales of Tangible Personal
Property From a Place of Business in North
Carolina:
(a) A vendor making retail sales from a place
of business located in a taxing county
must coUect and remit the local sales tax
for the county in which the vendor's place
of business is located. For sales tax pur-
poses, the situs of the sale is the vendor's
place of business located in a taxing
county where the vendor becomes
contractually obligated to make the sale.
(b) A vendor with a place of business in
County A who sends a salesman into an-
other county to solicit orders, which are
accepted at the vendor's place of business
in County A and filled by dehvery from
the vendor's place of business in County
A to the purchaser in another county, is
liable for collecting and remitting County
A's sales tax on such retail sales of tangi-
ble personal property.
(c) A vendor with places of business in
County A and County B receives an order
at the location in County A which he
forwards to the location in County B for
approval and acceptance and which is
filled by delivery from a location in
County B to a customer in County A.
County B's sales tax is due on the sale.
(d) A vendor with a place of business in
County A receives an order which he ap-
proves and accepts at the location in
County A but fills the order by making
shipment from a location in County B.
County A's sales tax is due on such sales,
(e) A vendor whose only place of business is
in County A receives an order from a
customer in County B and the order is
approved and accepted in County A but
delivery is made from a point in County
B. County A's sales tax is due on such
sales.
(2) Vendors Making Sales of Tangible Personal
Property From a Place of Business Outside
of North Carolina:
(a) An out-of-state vendor who is "engaged
in business" in this state and in a taxing
county as the term is defmed in G.S.
105-164.3(5) is liable for charging and
remitting such county's tax on tangible
personal property which he sells at retail
for storage, use or consumption in that
county.
(b) An out-of-state vendor who is not "en-
gaged in business" in a taxing county as
the term is defmed by G.S. 105-164.3(5)
is not liable for charging or remitting that
county's sales or use tax on sales of tan-
gible personal property which is sold and
delivered from a place of business outside
of North Carolina to a purchaser in that
county. The purchaser is liable for
remitting the applicable county use tax to
the Department of Revenue on the cost
price of such tangible personal property.
(3) Persons Leasing or Renting Tangible Per-
sonal Property From an Inventory of Prop-
erty in North Carolina are Deemed to Have
a Place of Business in the County in Which
the Inventory is Located:
(a) A lessor who maintains an inventory of
tangible personal property in a taxing
county for the purpxjse of lease or rental
is liable for charging and remitting such
county's sales tax on receipts from the
lease or rental of such property to lessees
in that county for use.
(b) A lessor who leases tangible personal
property from an inventory in a taxing
county and ships or delivers the property
to a lessee in a county in which he does
not have a place of business or an inven-
tor>' of tangible personal property for the
purpHDse of lease or rental is liable for
charging and remitting the county's tax
on such lease receipts for the county in
which his inventor>' is located.
(c) If a lessor has an inventory of tangible
personal property in two counties and
leases property from the inventory in one
county to a lessee in the other county and
delivers the property to the lessee in the
i59
NORTH CAROLINA REGISTER
FINAL RULES
other county in which he also has an in-
ventory, the lessor is liable for charging
and remitting the sales tax of the county
where he enters into the contract and be-
comes contractually bound to lease or
rent the property,
(d) If a lessor keeps an inventory of tangible
personal property in a county where he
enters into a contract and becomes
contractually bound to lease property to
a lessee in that county for use in the gen-
eral conduct of business within and with-
out that county, the lessor is liable for
charging and remitting such county's sales
tax on the lease or rental receipts.
(4) Persons Leasing or Renting Tangible Per-
sonal Property From an Inventory of Prop-
erty Located Outside North Carolina:
(a) A lessor with an inventory of tangible
personal prof)erty outside North Carolina
who leases or rents property to a lessee in
this state for use in a taxing county is lia-
ble for charging and remitting such coun-
ty's use tax on the lease or rental receipts.
(b) When property that is leased for a defmite
stipulated period of time is delivered to
the lessee prior to the date the tax be-
comes effective in a taxing county, the
lease or rental receipts are not subject to
the county tax levied after the delivery of
the property. If the lease is on a month
to month basis, the lease receipts for
months subsequent to the effective date
of the local tax are subject to the tax.
(5) A p)erson who operates a laundry, dry
cleaning plant or similar business in a taxing
county is liable for charging and remitting
such county's sales tax on receipts derived
from the operation of the business. The tax
applies even though the items being cleaned
may be picked up from the customers or
delivered to them in another county within
North Carolina or outside this state. An
independent operator that solicits business
on his own account but engages a
laundering, dry cleaning or hat blocking fum
or similar type business to perform the
laundering, dry cleaning or other services is
liable for collecting and remitting the county
sales tax for the county in which the busi-
ness is solicited.
(6) A person who operates a laundry, dry
cleaning plant or similar business outside
North Carolina and who picks up items
from customers in a taxing county, cleans
them at the cleaning plant outside this state
and then returns them to the customers in
the taxing county, is not liable for charging
and remitting the taxing county's use tax on
the receipts from the cleaning services.
History Note: Statutory Authority G.S.
105-262; 105-467; 105-468;
S.L. 1967, Ch. 1096, s. 4 and 5;
Eff. February I, 1976;
Amended Eff. July I, 1989; November I. 1982;
January I, 1982.
NORTH CAROLINA REGISTER
360
NC AC INDEX
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14A
15
16
17
18
19A
20
♦21
22
23
24
25
26
Administration, Department of
Agriculture, Department of
Auditor, Department of State
Commerce, Department of
Corrections, Department of
Council of State
Cultural Resources, Department of
Elections, State Board of
Governor, Office of the
Human Resources, Department of
Insurance, Department of
Justice, Department of
Labor, Department of
Crime Control and Public Safety, Department of
Natural Resources and Community Development, Department of
Public Education, Department of
Revenue, Department of
Secretary of State, Department of
Transportation, Department of
Treasurer, Department of State
Occupational Licensing Boards
Administrative Procedures
Community Colleges, Department of
Independent Agencies
State Personnel, Office of
Administrative Hearings, Office of
NOTE: Title 21 contains the chapters of the various occupational licensing boards.
CHAPTER LICENSING BOARDS
2
4
6
8
10
12
14
16
18
20
21
22
26
28
31
32
33
34
36
37
38
40
42
Architecture, Board of
Auctioneers, Commission for
Barber Examiners, Board of
Certified Public Accountant Examiners, Board of
Chiropractic Examiners, Board of
Genera] Contractors, Licensing Board for
Cosmetic Art Examiners, Board of
Dental Examiners, Board of
Electrical Contractors, Board of Examiners of
Foresters, Board of Registration for
Geologists, Board of
Hearing Aid Dealers and Fitters Board
Landscape Architects, Licensing Board of
Landscape Contractors, Registration Board of
Martial & Family Therapy Certification Board
Medical Examiners, Board of
Midwifery Joint Committee
Mortuary Science, Board of
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapists, Board of
Opticians, Board of
Optometry, Board of Examiners in
361
NORTH CAROLINA REGISTER
NC AC INDEX
44 Osteopathic Examination and Registration, Board of
46 Phannacy, Board of
48 Physical Therapy Examiners, Board of
50 Plumbing and Heating Contractors, Board of
52 Podiatry Examiners, Board of
53 Practicing Counselors, Board of
54 Practicing Psychologists, Board of
56 Professional Engineers and Land Surveyors, Board of
58 Real Estate Commission
60 Refrigeration Examiners, Board of
62 Sanitarian Examiners, Board of
63 Social Work, Certification Board for
64 Speech and Language Pathologists and
Audiologists, Board of Examiners of
66 Veterinary Medical Board
NOR TH CAROLINA REGIS TER 362
CUMULA TIVE INDEX
CUMULA TIVE INDEX
(April 1989 - March 1990)
1989 - 1990
Pages Issue
1 - 151 1 - April
152 - 192 2 - April
193 - 216 3 - May
217 - 289 4 - May
290 - 311 5 - June
312 - 364 6 - June
AO - Administrative Order
AG - Attorney General's Opinions
C - Correction
FR - Final Rule
GS - General Statute
JO - Judicial Orders or Decision
M - Miscellaneous
NP - Notice of Petitions
PR - Proposed Rule
SO - Statements of Organization
TR - Temporary Rule
ADMIMSTRAXrS E ORDER
Administrative Order, 4, 152
AGRICULTURE
Cotton Warehouse, 220 PR
Markets, 217 PR
N.C. Pesticide Board, 292 PR
N.C. Plant Conservation Board, 196 PR
N.C. State Fair, 217 PR
Plant Industry, 153 PR, 218 PR
COMMERCE
N.C. Cemetery Commission, 198 PR
COMMLTSITY COLLEGES
Board of Community Colleges, 352 PR
EDUCAIION
Elcmentar>' and Secondary Education, 253 PR, 295 PR
FLSAL DECISION LETI ERS
Voting Rights Act, 5, 193
FINAL RULES
565 NOR TH CA ROLINA REGIS TER
CUMULA TIVE INDEX
List of Rules Codified, 183 FR, 274 FR, 303 FR
GOVERNOR/LT. GOVERNOR
Executive Orders, 1, 290, 312
HUMAN RESOURCES
Facility Services, 199 PR
Health Services, 153 PR, 315 PR
Medical Assistance, 158 PR, 294 PR
Mental Health: Mental Retardation and Substance Abuse Services, 17 PR
Vocational Rehabilitation Services, 7 PR
INSURANCE
Fire and Casualty Division, 202 PR
LICENSING BOARDS
Architecture, 349 PR
North Carolina Certification Board for Social Work, 179 PR
Nursing, Board of, 296 PR
Physical TTierapy Examiners, 262 PR
NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
Coastal Management, 239 PR
Community Assistance, 134 PR
Economic Opportunity, 178 PR
Environmental Management, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR
Marine Fisheries, 47 PR
WUdlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR
REVENUE
Sales and Use Tax, 353 FR
STATE PERSONNEL
State Personnel Commission, 181 PR, 210 PR, 265 PR
TRANSPORTATION
Division of Motor Vehicles, 140 FR
NOR TH CAROLINA REGIS TER 364
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